What’s the Best Way to Deal with an E&O Claim?

The best way for an architect or engineer to deal with an Errors & Omissions claim is to avoid it all together.

This is why using a specialty broker like Maloney & Company is so important. Our staff knows the A&E industry making us very aware of the risks that you face and enabling us to give top-notch guidance. Also, we frequently send out risk management materials to keep you updated with the latest trends in the industry. Here are a ...

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World Landscape Architecture Month

April is the month long celebration of landscape architecture and designed public/private spaces!

 

World Landscape Architecture Month was established by the American Society of Landscape Architecture and aims to demonstrate how landscape architecture effects our daily lives. Springtime is the perfect time of year to celebrate landscape architects, because now is the time that most see their profession pick up its never ending dynamics. Landscape architecture services in America are ...

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Winners and Losers in the Self-Certification Process

By: Michael J. Maloney

I get a little worried whenever I see a shift in the relationship between architect, owner and contractor because often, when the dust settles, the architect has come out of the process having given up some ground to the others. Change yields both winners and losers.

WINNERS:

1) THE PROJECT OWNER–If you self-certify a project the owner will spend no extra money and get the project completed sooner. If it is a commercial space, the owner will begin making ...

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Consequential Damage Claims

 

consequential-damages

 

Consequential damages arise out of special circumstances that are usually unpredictable, and are typically more expensive than direct damages. Most professional liability programs cover such damages as long as they result from negligence in providing professional services.

In order to reduce liability, you may try to negotiate a waiver of consequential damages with your client. Victor O. Schinnerer suggests the below, ...

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Joining Forces with Attorney Kevin Godbout

This week, Maloney & Company, LLC caught up with Attorney Kevin Godbout!

Attorney Godbout has been recognized by Super Lawyers and has been named to the 2016 Connecticut Super Lawyers in the practice area of Professional Liability: Defense. He has also been rated AV-Preeminent by his peers through Martindale-Hubbell. The account managers at Maloney & Company, LLC frequently meet with Attorney Godbout to discuss trends in the A&E industry and new risk management techniques. This week, the statute of limitation and ...

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When Clients Ask to Be Added to Your Policy:

First Question: What Status Do They Want?

Additional Named Insured: this status is never given to a client, nor would a client ever want this status if he or she realized the implications. A Named Insured under the policy receives the full scope of protection under the policy, so it is appropriate only for the design firm and any related companies. If a client is a Named Insured, they could be held responsible for premiums, they could cancel the policy, and you ...

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Site Safety Tips from M&Co

There are two sure-fire ways to get tagged with liability for site safety:

  1.  Assume site safety responsibility in your contract with the owner
  2. Assume site safety responsibility by your behavior on the jobsite.

#1 is pretty clear cut, and is easy enough to avoid. But you and your employees should be on your guard against #2. If your contract specifically excludes site safety responsibility (as it should), and the owner-contractor contract specifically includes site safety responsibility (as it should), then you must leave this duty ...

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Interested in Design/Build?

There are many ways to structure a design/build project, but most often an architect or engineer (A/E) will design a building, then retain the trades directly. This way, the A/E has control over the full construction value of the project, not the 3%-12% they usually get for the design alone. When an A/E takes responsibility for construction and subs out 100% of the “work,” we call that A/E a “Paper GC” since the A/E won’t actually get out and swing ...

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RLI Design Professionals Program Celebrating a Milestone

rli

While RLI Insurance Company has been in business for over 50 years, the RLI Design Professionals Program is celebrating their 9th year in business! RLI was named a five-star carrier through an independent survey of agents and brokers conducted by Insurance Business Magazine. Maloney & Company, LLC is very comfortable with the RLI Design Professionals Program – here are some insights:

Who they cover:

  • Architectural ...
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    Famous Architect, Diana Balmori

     

    Diana Balmori, founder of Balmori Associates, Landscape, and Urban Design, passed away on November 14th at the age of 84. Diana was a landscape and urban design architect and was recognized by the way her designs create a fluid interface between landscape and structure in the development of urban spaces. Her work ranged from urban rooftop gardens to South Korea’s new administrative capital, Sejong City.

    Ms. Balmori created a new understanding of landscape architecture and the built environment – she saw ...

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