Title & Description of Major Article
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Month of Publication
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CADD Part 1: Dealing with
Today's Liabilities
Along with
many advantages, CADD also poses new costs, challenges and
liabilities for design firms.
2008 FOCUS
Seminars
Upcoming training seminars offered in our
Downtown FOCUS Room.
SDAF Film Fest
Series
Share an evening of entertainment and intrigue
featuring films that highlight architecture and design in one way,
shape or form - or another!
Community
Bulletin Board
Summer Events at the San Diego Humane
Society; a Monarch School Student Story; more about the San
Diego Senior Centers. |
May
2008 |
Design-Build Projects: Unique
Risks and Rewards
A
basic awareness of the financial and liability risks associated with
design-build is essential to avoiding unpleasant - or even
devastating - surprises.
2008 FOCUS
Seminars
Upcoming training seminars offered in our
Downtown FOCUS Room.
Vision Care: UV
Protection
Exposure to UV-A and UV-B rays can damage your
eyes - read what you can do to protect your vision.
Community Bulletin Board
Information about
upcoming events at Senior Community Centers, the San Diego Humane
Society, and Monarch School's Commencement ceremony for the
Class of 2008. |
March 2008 |
Why Your Clients Don't Want to Be
an Insured on Your Professional Liability
Policy
When a client asks
to be added to your professional liability policy as a named or
additional insured, it's time for a little client
education.
2008 FOCUS
Seminars
Training seminars offered in our Downtown FOCUS
Room.
Driving in the Rain
FAQs
about driving in bad weather.
The Obesity
Epidemic
Learn how to manage your weight effectively and
live the healthiest lifestye possible!
Community Bulletin Board
Spring events
at the San Diego Humane Society, Senior Community Centers, and
Monarch School. |
January
2008 |
Jobsite Safety - Part
2
Examine the steps every design firm
should take to avoid liability for job site safety.
2007 FOCUS Seminars
Training seminars
offered in our Downtown FOCUS Room
Orchids
& Onions
Coming November 30, 2007 - nominate your
Orchid or Onion!
The Facts about
Influenza
New strains of influenza combined with
life-threatening complications make it a major public health
concern.
Community Bulletin
Board
Provides information about upcoming events,
ongoing programs, and how you can help Monarch School, Senior
Community Centers, and the San Diego Humane Society. |
November
2007 |
Jobsite Safety - Part
1
Court
cases alleging jobsite safety liability for design firms can end up
with drastically different results in court.
2007 FOCUS Seminars
Training seminars
offered in our Downtown FOCUS Room
Taking New
Medications - Points to Remember |
September
20070 |
Construction Management - Roles,
Responsibilities &
Risks
Learn how to identify and manage the
additional risks associated with construction management
services.
2007 FOCUS
Seminars
Training seminars offered in our Downtown FOCUS
Room.
Professional Liability Agents Network
(PLAN)
Find out how our PLAN membership benefits
you.
What's Going On at the San Diego
Architectural Foundation
Read about ongoing programs and
membership opportunities at the SDAF!
Summer
Safety
Don't let the hot days of summer threaten the
health of your family and pets. |
July
2007 |
First Line of Defense Against
Third-Party Claims
Find out what
to do about the one-third of claims filed by third parties who are
not subject to the conditions of your
contracts.
California's AB573 - What Does It
Do for Design Professionals?
Is the law a victory for
design professionals - or is it open to judicial interpretation?
Read the Legislative Digest and actual law.
8
Principles of a Safe Workplace
Workplace safety is not an
expense - it's an asset. Establish an effective safety
culture.
Play It Safe in the
Sun
Protect your children's future by protecting their
skin now.
2007 FOCUS
Seminars
Training seminars offered in our Downtown FOCUS
Room. |
May 2007 |
Limit Your Liability with an LOL
Clause
Find out why Limitation
of Liability (LOL) clauses remain one of the most effective risk
allocation tools available to design firms.
2007 FOCUS Seminars
Training courses
available through May, 2007
Six Habits of
Highly Successful Office Workers |
March 2007 |
Proceed Slowly and Surely with Fast Track
Projects
"Fast Track" or "phased
construction" projects are meant to save the client time and money
- but make sure quality and detail don't suffer.
Upcoming FOCUS Seminars
Spring training
seminars offered in our Downtown FOCUS room. |
January
2007 |
Meeting the Standard of
Care
Proper contract
language can avoid an expensive judgment.
Negotiating International
Agreements
Differences in foreign laws requires special
knowledge and extra caution.
Upcoming FOCUS
Seminars
Training Seminars being
offered through the end of the year in our Downtown FOCUS
Room. |
November 2006 |
|
Statute of
Repose Key to Your Record Retention Policy
Your
firm’s defense against professional liability claims rests on its
records of what happened during design and construction. Find out
how Statutes of Repose offer design firms a stronger level of
protection against “stale” claims.
BULLETIN! AB 573 Signed into
Law
It is now illegal for a
public entity to require design professionals to be responsible for
more than the consequences of their own negligence. Read the actual
wording of the bill.
Documentation:
If It Isn’t in Writing, It Didn’t Happen
The difference between
prevailing or failing in a dispute depends on the quality of your
documentation.
The
Trouble with Arbitration
Has arbitration improved
as a dispute resolution process for design professionals?
Orchids
& Onions Award Program
Reserve your seat for
the Award ceremony on November 17th!
Accident
Investigations
You can prevent or
control accidents by understanding the sequence of events leading up
to them.
2006
FOCUS Seminars
See a list of Training
Seminars being offered through the end of the year in our Downtown
FOCUS Room. |
September 2006 |
|
A Closer Look at Field Observation Services
Field
observation services are key to limiting your professional liability
and avoiding future disputes and claims.
San Diego Architectural Foundation:
Orchids & Onions Reinvention!
It’s
back – and it’s better than ever!
2006 Seminar
Series
Upcoming Training Seminars in our downtown Training
Room.
Timely Reporting of Claims and
Claim Circumstances
Failure
to report claims or circumstances that could lead to claims can
jeopardize your coverage!
Contractual Risk Transfer Seminar
Benefits SDHS
June
2006 seminar raised $1,500 for the San Diego Humane
Society. |
July
2006 |
Get Paid Without
Counter-Claims!
Read about the
contractual measures you can take to help avoid the problem of
counter-suits related to client non-payment.
Top 10 Excuses for Accepting Unreasonable
Risks
Can you relate to any of these? If so, beware - you
and your firm are at risk!
Personal
Ergonomics
Read about the types of ergonomically-related
injuries and what your firm can do to alleviate them.
2006 Training Seminars
See a list of Training Seminars being held in
our Downtown Training Room during the months of June-July
2006.
|
May
2006
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Beware of Unfair
Client Contracts
Read how to avoid being saddled with virtually all of a project's risks - with many of them uninsured.
Aggressive Drivers Cause Accidents
Two-thirds of traffic accidents and one quarter of all on-the-job fatalities are caused by aggressive driving.
2006 Training Seminars
See a list of Training Seminars being held in our Downtown Training Room during the months of March, April and May, 2006.
|
March 2006
|
Communicate Early
and Often
The leading cause of claims against design professionals is poor communication. See what you can do to eliminate the problem.
Tips for Screening Prospective Clients
Read how to detect a problem client before you sign a contract.
2006 Training Sessions
Spring training sessions available at Cavignac & Associates' downtown training room.
Cavignac's 2005 Charitable Contributions Largest Yet
Many charitable entities benefited from Cavignac staff's Charity Fund in 2005.
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January
2006
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Business Boom Can
Bust Staffing Plans
Overworked staff and backlogged workloads are key red flags when it comes to professional liability dangers. See if alternatives to traditional staffing could solve your staffing woes.
General Office Safety Practices
Offices can be hazardous to safety, too. Find out how to keep yours safe.
Factors Leading to Increased Healthcare Costs
Find out why U.S. healthcare costs are skyrocketing.
Training Seminars
Cavignac Training Seminars for the first quarter of 2006.
|
11/05
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Foreign Intrigue:
The Risks and Rewards of International Markets
Although moving to the international market can present attractive growth opportunities, there are challenges as well.
Stress Management Checklist
Read how to combat stress.
Determining the Validity of an Internet Health Care Site
Use these questions to test the validity of an Internet health care site.
2005 Training Sessions Available at Cavignac & Associates
Seating is limited - reserve your space now!
|
09/05
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SPECIAL EDITION:
Position Paper:
"Attorneys Fees" Clauses - Should They Be Avoided?
Are contractual "attorneys
fees" or "prevailing party" clauses really in design professional's
best interest?
|
07/05
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The Importance of
Your Professional Liability Application
A thoroughly completed professional liability application affects what you pay for insurance and serves as a self-audit of your business risk management procedures.
Fleet Safety - Employer Pull Notice Program
The EPN Program allows you to
monitor the driver's license records of your employees who drive on
your firm's behalf. Use this effective tool to help manage your
Total Cost of Risk.
|
07/05
|
Negotiating
Insurance Requirements with Your Clients
See how to review and negotiate the insurance terms of contracts you enter into with your clients.
Tips for Screening Prospective Clients
Use these "red flags" when screening
and negotiating with prospective clients.
|
05/05
|
Contract
FAQs
Negotiating a reasonable contract up front is a worthwhile investment.
Cavignac Supports MS Walk
Cavignac & Associates team members join MS Walk on April 10, 2005 to benefit ongoing research into the causes and cure for Multiple Sclerosis.
Health Tips
Burning 150 extra calories a day can
significantly reduce the occurrence of heart disease, high blood
pressure, diabetes, colon cancer and others. |
03/05
|
The Basics of
Project Selection
Determining which projects to accept may be the toughest decision you make.
Do You Ever Use Subcontractors?
A blanket subcontract agreement will put
appropriate risk management provisions in place for the contractors
you use on a repetitive basis. |
01/05
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Dealing with
Under-Funded Projects
Under-funded projects are a major cause of professional liability claims and losses. Take preventative measures to avoid or minimize the risks.
Workers Compensation Classifications for Design Professionals
Understand the four
design professional workers compensation classifications to avoid
overcharges. |
11/04
|
Details, Details -
Drafting Your Scope of Services
Reduce your professional liability risks by providing your clients with a detailed scope of services agreement.
Scope of Services Checklist
Use this handy tool to draft a reasonable scope
of services. |
09/04
|
Limiting CADD
Liabilities, Part 2 - Contractual and Ownership Issues
The use of CADD software poses
new challenges and liabilities. Build protections into your client
contracts to limit liabilities and protect your rights of
ownership. |
07/04
|
Limiting CADD
Liabilities: Part 1 - Risks & Remedies
Although CADD increases productivity and enables firms to provide a wider range of design and ancillary services, it also poses new costs, challenges and liabilities.
EVERY Project Carries Risk!
Some types of services are less hazardous than
others, but every project carries risk!
|
05/04
|
Condominium
Projects - Insurance Implications for Design
Professionals
Although condo projects are ten times more likely to give
rise to a claim and loss ratios range from 228% to over 900%, they
will continue to be built, and someone will design them. If that
"someone" is you, how can you minimize the risk?
|
03/04
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Combating Budget
Overruns
Find
out how to eliminate the problem of budget
overruns.
|
01/04
|
A Failure to
Communicate
Breakdown in communication between parties causes up to 70% of all claims against design professionals. Read how to improve communication with your clients.
Standard Contract Provisions to Consider
Although each project is
different, there are certain contract provisions that should always
be included.
|
11/03
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What Is the
Standard of Care?
Find out how to minimize your risks by defining a sane and sensible Standard of Care in your contracts.
The Underwriting Ramifications of Your Web Site
What you put on your Web site can affect the
way an insurance underwriter perceives your company, and in certain
cases it can elevate your Standard of Care.
|
09/03
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Professional
Liability Implications of an Acquisition
Read how to handle the prior acts exposures of the firm being acquired.
Acquisition - Insurance Checklist
Use this short insurance checklist prior to an acquisition.
Changing the Unchangeable: How to Modify Clients' Contract Terms
Negotiating Strategies publisher Michael Strogoff offers strategies to use
to persuade clients to change their "non-negotiable" contract terms.
"Negotiating Strategies" Seminar Raises Money for Local Associations
Seminar raised
nearly $7,500 for San Diego's AIA and CELSOC
chapters. |
07/03
|
Safe at Home with
Telecommuting
Know the drawbacks and ramifications of telecommuting from a remote
(home) office location.
County Gains 4 AIA Fellows
Four local architects join the AIA College of Fellows.
10th Commandment of Loss Prevention: 8 Ways to Avoid Litigation
The final commandment in the series provides a
quick anti-litigation checklist.
|
05/03
|
Evaluate Your
Business IQ
How well your firm is run - not technical errors - has the greatest impact on your exposure to claims. Take the Risk IQ Quiz to see how your firm measures up!
9th Commandment of Loss Prevention: If You Can't Prove It,It Doesn't Exist
If
you don't have documentation, you can't prove it
happened.
|
03/03
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The High Cost of
Defense
When it comes to preventing professional liability claims, the best defense is to avoid the situation in the first place. Find out what causes claims, how to avoid them or mitigate their affect on your firm.
8th Commandment: Treat Certifications Like a Bad Neighbor
Guidelines to use for certifications when you
can't avoid them in a contract.
|
01/03
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Risk
Considerations for Design-Build Projects
An awareness of the unique financial and liability risks associated with design-build can help avoid unpleasant, even devastating, surprises.
Professional Liability Premiums: A Brief History
To appreciate the magnitude of current increases, look back over the past 10 to 12 years.
7th Commandment: Adhere to Contract Terms and Modify ONLY
by Written Amendment
Never rely on verbal modifications or contradictions to legal wording in your contract.
California State Agency Agrees to New Indemnity Language
The California Department of General Services has agreed to improved wording in the indemnity and insurance clauses of its standard contracts for design services.
Your Professional Services Agreement: How Good Is It?
See a checklist of provisions that you should
have in your professional services agreement.
|
11/02
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Retaining an
Adequate Scope of Services
Specifying a clear scope of services may not only avert serious problems with your clients, but may also help you expand your scope of services on your next project, thereby increasing your
fee while reducing liabilities.
Scope of Services Checklist
A sample Scope of Services checklist adapted from Case Document 2-1993.
6th Commandment of Loss Prevention: Never Begin Services Until the
Agreement Is Completed
It is much
more difficult to negotiate terms after work has begun on a
project.
|
09/02
|
Understanding the
Risks of Construction Management (CM)
Examine the various types of construction management, the risks involved, and ways of managing those risks.
Fifth Commandment: Be Wary of Scope of Duties During Site Visits
Examine two
potential areas of liability on the job site.
|
07/02
|
Two Deterrents to
Frivolous Lawsuits
Frivolous or "non-meritorious" claims are made against environmental and design firms all the time. Read about protective measures you can take.
The Fourth Commandment: Make Certain That Your Subconsultants Must Live by
the Same Rules That You Do
Your agreement with your subconsultants should be discussed
contemporaneously with the prime agreement, and its terms should be
consistent.
Small Firms, Large Claims
Important facts you should
know about claims against small firms.
|
05/02
|
Setting Your
Record Retention Policy
Once a project is done, should a firm keep all or part of the paperwork? And if so, for how long? Issues to consider and solid examples of ways to set your record retention policy.
Statutes of Repose
A state-by-state summary of statutes of repose.
Do You Ever Use Subcontractors?
Subcontractors are not subconsultants, and require a different
agreement.
Third Commandment of Loss Prevention: Foresee the Foreseeable
Identify those areas of the contract that
traditionally have been a source of liability, and address them in
the negotiations and/or the language of the
contract.
|
03/02
|
"Obligation to
Defend" Your Client: Why You Shouldn't Agree
Find out why a professional liability policy can't provide a defense to
parties other than the design professional.
Going Bare - Making the Decision to Drop Professional Liability Insurance
The decision to drop professional liability coverage is a major one. Find
out why.
Professional Liability Insurance and Additional Insureds
Find out why owners can't be added as "additional insureds" to your
professional liability policy.
The Second Commandment of Loss Prevention: Don't Become the Insurer/Guarantor of the Success of the Project
Avoid contract language that
raises the standard of performance or makes you a guarantor of
performance.
|
01/02
|
Owner-Controlled
Insurance Programs: How Much Protection Do They Provide for a Design
Professional?
An OCIP is an insurance program designed to cover the jobsite risks of the owner, contractors and occasionally the design professionals and other consultants on a construction project. How much protection does such a policy provide to a design professional?
The First Commandment: "Define Your Scope of Services"
Our next 9 issues will feature one of the "10 Commandments of Loss
Prevention." The first, "Define Your Scope of Services," outlines the need
to draft a detailed scope of services that avoids ambiguity and creates a
definite and clearly understood allocation of obligations in order to
avoid a dispute.
Condominium Loss Prevention Checklist
Condominiums are, by far, the most
liability-prone projects. However, as increasing numbers of projects
are being planned for urban areas, they will continue to be a viable
source of business. Here are steps you can take to reduce your
risk.
|
11/01
|
Make Insurance
Requirements a Two-Way Street
One of the purposes of a contract is to allocate risk, and the purpose of insurance is to finance risk. Design professionals need to be able to spot impossible or ambiguous insurance requirements often specified in client-written contracts and negotiate reasonable alternatives.
Addendum 1 - Design Professional's Insurance Requirements
These provisions are intended to reflect your current insurance
program and provide model language.
A Buyer's Checklist
You have the right to expect more from your
insurance company than a policy and a bill.
|
09/01
|
Understanding the
Risks of Multiple Prime Projects
Why is this project delivery method gaining favor among some
clients? Benefits and drawbacks
Owners Protective E&O Insurance Coverage
How to satisfy an owner's request for higher professional liability
limits than you carry.
COAA a Cause of Concern
Beware the
unexpected liabilities design professionals will assume by signing
the AIA's new "Construction Owners of America"
forms!
|
07/01
|
Contract
Management: Taking the Bull by the Horns
Owner-generated contracts are typically written to favor the owner at the
expense of the design professional. Read examples of equitable contract
provisions to add to your own master contract or to client-generated forms.
No Recession?
See what experts have to
say about the future of the construction industry.
|
05/01
|
Safeguards When
Specifying Materials
The liability related to specifying materials is long term, and may jump up
and bite a designer years into the future. Find out more about the dangers
as well as safeguards you can use to minimize your exposure.
Tips for Handling Substitution Requests
A list of options available to you if another party to the construction
suggests substitutions for the materials you specified.
Professional Liability Insurance: The State of the Market
In the wake of 12 years of soft market pricing, the percentage of gross
income design firms pay for professional liability insurance has decreased
by nearly 60%. Find out why rates are now going up, and what you can do to
minimize the increase for your firm.
What's Your Contract IQ?
A short quiz to
test your contract knowledge.
|
01/01
|
Indemnities Again
- Part II
Part
II examines alternative forms of indemnities that have limited
drawbacks, and discusses situations in which you may want to ask for
an indemnity from the client
|
11/00
|
Indemnities
Again - Part I
Beware! A short and innocuous-sounding clause or two lurking in a
client-drafted contract may require you to provide an uninsured indemnity;
learn how to return to the basic concept of "fairness."
The Growth of Project Specific Professional Liability Coverage
Project specific professional liability insurance is becoming more common
for a number of good reasons.
DPIC MSC Business Management Programs
Seminars that provide vital information for
increasing the value and operational efficiency of your
firm.
|
07/00
|
Business Boom
Can Bust Staffing Plans
Alternatives to consider regarding staffing and excessive
employee workloads
AIA denounces new model design professional liability
contract
Learn why the AIA advises: don't sign them.
DPIC Management Services Corporation
Upcoming Business
Management Program seminars for design professionals
|
05/00
|
Four
Men and Their Visual Imprints on San Diego
The impact of visual experiences created by four of
San Diego's architectural leaders
Statute of Limitations
Develop an understanding of the differences in
California's lawsuit time limitation laws
|
03/00
|
Frequently
Asked Questions About Professional Liability Insurance
Questions and answers for
architects, engineers and environmental professionals
|
01/00
|
Limitation
of Liability - A Proven Concept
Limitation of liability is a reasonable way to decide the
level of responsibility of an architect or engineer |
11/99
|
Frivolous
Lawsuits
The defense process can cost a
blameless defendant years of frustration and stress
California's Certificate of Merit
Provision
The
protection provided is as meaningful as a watchdog with no
teeth
|
09/99
|
Limiting CADD
Liabilities - Part 2
Contractual and ownership
issues - protections you can build into your client contracts to
limit liabilities and protect your rights of
ownership
|
07/99
|
Limiting
CADD Liabilities - Part 1
The risks and
the remedies - establish a clear understanding of how CADD files and
documents will be delivered and used
|
05/99
|
When
Owners Demand Higher Limits
There are a number of options that can help appease
a demanding owner and not cost you an arm and a leg to provide the
needed coverage
Have
You Been Had?
Tips to detect a
fraudulent claim
|
03/99
|
Third-Party
Liability
Given clients' propensity for filing claims, you
need to be diligent when it comes to client selection |
01/99
|
How "Loss Prevention Literate" Is Your
Firm?
When a single claim can mean the difference between
profit and loss, and a large claim can spell disaster, it is critical
for design professionals to understand how to avoid litigation
|
11/98
|
Managing
Your Professional Liability Risk
Evaluate the effectiveness of your risk management
program
Test
Your Professional Liability Loss Prevention IQ
Do you know as much
about professional liability loss prevention as you should? Take
this brief test
|
09/98
|
Preventing
Jobsite Safety Claims
Responsibility for jobsite safety is an issue for design
professionals
PECG Initiative: Proposition
224 Defeated
California's anti-competition initiative
defeated
DPIC Guarantees ACEC Support
to California
DPIC offers interest-free loan to cover special PEGC
Initiative assessment costs
|
07/98
|
Understanding
"Claims-Made" Insurance
Explanation of the "coverage triggers" for occurrence and claims-made
policy forms
Test
Your Professional Liability Loss Prevention IQ
Do you know as much
about professional liability loss prevention as you should? Take
this brief test
|
04/98
|
A
"David" Customer Can Become a "Goliath" Headache
A significant number of claims are generated by
"small" clients who are often new customers to a design firm
Test Your Professional
Liability Loss Prevention IQ
Do you know as much about professional
liability loss prevention as you should? Take this brief
test
|
02/98
|
Contract
Negotiations
How
to achieve a well-written professional services
contract
|
12/97
|
