Negotiating Construction Liability Claims: Architects, Engineers, and Other Design Professionals
Evolving Theories of Liability and Defenses, Minimizing Risk Through Contract Provisions and Project Documentation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effective contract provisions and project documentation.
Outline
- Overview of scope of risks in various project delivery methods
- Design/build
- BIM
- IPD
- Green/sustainable
- Theories of liability
- Contractual
- Tort
- Breach of fiduciary duties
- Third-party beneficiaries
- Trends in the expansion of liability
- Defenses
- Economic loss doctrine
- Statute of limitations/repose
- Comparative negligence
- Trends in liability defenses
- Minimizing risk through contractual and project documentation
Benefits
The panel will review these and other key issues:
- How have project delivery models that integrate design professionals into the construction process impacted the scope of design professional liability?
- What case law developments have resulted in the adoption of a fiduciary duty obligation for design professionals?
- How is the economic loss doctrine being applied in the construction defect arena?
- How can design liability for construction claims be minimized through strategic project documentation?
Faculty
David M. Adelstein
Partner
Kirwin Norris
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.
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John D. Broghammer
Partner
Sims Lawrence & Broghammer
Mr. Broghammer specializes in insurance coverage disputes and the representation of design professionals. His practice... | Read More
Mr. Broghammer specializes in insurance coverage disputes and the representation of design professionals. His practice area has focused on civil litigation with emphasis on the representation of architects and engineers in construction defect litigation and the defense of public entities and corporations in landslide and flood claims. He advises and counsels design professionals in all aspects of contract preparation, risk allocation and insurance issues. Mr. Broghammer regularly lectures and writes on these items and how design professionals can work to effectively represent their clients while protecting their own interests for risk allocation, construction defect claims and contract disputes.
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