Publications

What You Need to Understand about Indemnification Agreements
It is common for design professionals to be asked to indemnify their clients not only for their own negligence, but for their clients’ negligence as well. Not only is this unfair, it is also uninsurable under a professional liability policy.

Warning! Over-the-Counter Medications Can Do You Ill
Sometimes cold or flu remedies and work are not a good mix.

2010 Risk Management Seminar Series
Our upcoming Risk Management and Loss Control seminars through March 2010

Live Well, Work Well
Assistance with Assisted Living

Community Bulletin Board
Neighbors helping neighbors in San Diego

Managing Risk in a Design Firm
In an industry with tight profit margins, effectively managing risk can mean the difference between the survival or failure of a design firm.

ALERT!  Employers with 15 or More Employees
By November 21st you must supplement your current EEOC poster by also posting a supplemental poster that provides information about the Genetic Information Nondiscrimination Act of 2008 (GINA).

2009 Risk Management Seminars
Our final Sexual Harassment Prevention Training course for the year takes place on December 4th.  Don’t miss out!

Live Well, Work Well
Helpful health and Employee Benefits articles.

Scope of Services – A Profitable Risk Management Tool
A clear and comprehensive scope of services not only reduces your professional liability risks, it can also increase your profitability.

Personal Security Safety Tips
Avoid becoming a crime victim – your personal safety requires thought, effort and vigilance.

2009 Risk Management Seminar Series

Live Well, Work Well
Health topics courtesy of our Employee Benefits Department.

Community Bulletin Board

Reporting Claims and Locking In Your PL Coverage
Professional liability claims increase during difficult economic times. Learn why, when, and how to report claims to lock in your coverage.

2009 Risk Management Seminar Series

San Diego Architectural Foundation in the Spotlight

Live Well, Work Well
Health topics courtesy of our Employee Benefits Department.

Community Bulletin Board

Managing Client Expectations
Managing client expectations is key to avoiding unnecessary confrontations, demands and claims.

2009 Seminar Series

Sleep Deprivation
Fatigue due to inadequate rest can affect more than the individual.

Live Well, Work Well
Health topics courtesy of our Employee Benefits Department.

Community Bulletin Board

Finding Condo Coverage
Even with good contractual protection, condos can be risky business.

ALERT! WCIRB Proposes 24.4% Workers Compensation Rate Increase
A proposed July 1st rate increase underscores the importance of a proactive Risk Management Program that focuses on reducing or eliminating Workers Compensation losses.

2009 Risk Management Seminars

2009 Tax News
New law affects required minimum distributions for 2009.

Lilly Ledbetter Fair Play Act Signed

2009 COBRA Coverage Changes
Stimulus Act requires action to implement COBRA changes for 2009.

Community Bulletin Board

Prudent Project Selection
Careful project selection is essential because accepting the wrong project almost guarantees professional liability claims.

2009 Human Resource Challenges – Are You Ready?
Use HRthatWorks, a powerful Web-based HR tool we provide to our clients.

Live Well, Work Well
Tips for cold-weather skin care, and how to make your New Year resolutions stick.

Prevent Slips, Trips and Falls

Cavignac & Associates 2009 Seminar Series

AIA Lunchtime Learning CES Program

Community Bulletin Board

Getting Paid in a Slow Economy
Many clients find themselves having to pick and choose who gets paid in these hard economic times. Find out how to make sure your firm is chosen!

Decennial Liability
A potential problem for international design firms!

Community Bulletin Board
Neighbors helping neighbors in San Diego.

Top 10 Risk Management Questions Facing Design Firms Today
Read the top ten questions being asked by other design firm, and find
out the answers.

2008 FOCUS Seminars
Upcoming seminars offered in our Downtown FOCUS Room

AIA Upcoming Events
See a few of the upcoming AIA events for October, 2008

San Diego Architectural Foundation
Orchids & Onions is coming November 13th!

Community Bulletin Board
San Diego Humane Society's "Barktoberfest" begins on October 11th!

BULLETIN! The "Obligation to Defend..." and Why You Should Avoid It at All Costs!
Read why a recent California State Supreme Court decision may drastically affect your professional liability coverage.

CADD Part 2: Contractual and Ownership Protection
Read about protections you can build into your contracts to limit liabilities and protect your rights of ownership of your designs.

CADD Liability Checklist
A quick, handy list of the most important contractual liability topics

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!

Sailing for Success - Hosted by SDA San Diego
SDA "Western Regional States Conference

AIA San Diego
Upcoming events in August 2008

Community Bulletin Board
San Diego Senior Community Centers open new Windmill Thrift Shop

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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!

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?

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.

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.

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.

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.

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.

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.

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.

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!

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?

Combating Budget Overruns
Find out how to eliminate the problem of budget overruns.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

"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.

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.

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.

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!

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.

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.

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

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.

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

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

Frequently Asked Questions About Professional Liability Insurance
Questions and answers for architects, engineers and environmental professionals

Limitation of Liability - A Proven Concept
Limitation of liability is a reasonable way to decide the level of responsibility of an architect or engineer

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

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

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

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

Third-Party Liability
Given clients' propensity for filing claims, you need to be diligent when it comes to client selection

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

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

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

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

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

Contract Negotiations
How to achieve a well-written professional services contract