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ASCE Risk Management Resources

Always Consult Local Counsel Before Settling a Claim

Posted on 12/19/2019 by ASCE Insurance in Claims

Sarah A. Johnson, Esq.

Engineers are often brought into lawsuits by contractors and other design professionals who have been sued by the owner of the subject property or someone who has been injured on the subject property.

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Claims Retrospective: Even Providing Limited Professional Engineering Services Can Be Risky

Posted on 12/19/2019 by ASCE Insurance in Claims

We have noticed an increase in claims involving large-scale condominium complex construction projects, particularly in areas of the country that experience inclement weather or natural disasters, such as prolonged sub-zero temperatures, heavy snowfall, hurricanes, and tornadoes.

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Construction Delay: 10 Things Design Professionals Need to Consider

Posted on 11/13/2019 by ASCE Insurance

Article provided courtesy of Gary Prather, founder and president of Architects and Engineers Dispute Resolution Group.

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10 Common Sense Ways to Avoid Being Sued

Posted on 11/13/2019 by ASCE Insurance in Liability

Article provided courtesy of Daniel R. McCune, Esq. & Kimberly C. Perdue, Esq., CHILDS MCCUNE LLC, Denver, Colorado | www.childsmccune.com

For a design professional, a lawsuit or a grievance is a professional hazard. Yet a few simple precautions can minimize that hazard.

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Thoughts on Managing Site Visits

Posted on 11/12/2019 by ASCE Insurance in Construction

Construction phase services are an important element of any design contract involving construction. Design documents cannot be effectively implemented in a vacuum.

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Licensing Notice: Structural Engineering Licenses Required for Certain Projects

Posted on 10/9/2019 by ASCE Insurance in Claims

Sarah A. Johnson, Esq.

Do you have the proper licensure? In some states, a licensed professional engineer (PE) is not able to engage in structural engineering without being a licensed structural engineer (SE).

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Claims Retrospective: Arbitrary Deadlines as a Scare Tactic

Posted on 10/9/2019 by ASCE Insurance in Insurance

A common scare tactic by claimants' attorneys is to send a demand or claim letter that includes an arbitrarily set deadline by which a response "must" be provided.

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Construction Defect Statutes Outline Procedures for Litigation Against Contractors

Posted on 9/6/2019 by ASCE Insurance in Claims

Giovanny Avendano, Esq.

Most states have enacted notice of claim, an official intent to file a claim, for construction defects statutes. Commonly referred to as Right to Repair/Cure statutes, they establish a pre-litigation dispute resolution mechanism in certain construction defect matters that generally involve the claimant filing a notice of claim with the contractor, which often includes design professionals and engineers as defined by statute.1

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Best Practice in Responding to Inquiries from State Agencies

Posted on 9/6/2019 by ASCE Insurance in Claims

A recent trend in the rise of inquiries from state agencies has been observed in 2018 and 2019. These "inquiries" are not formal complaints, but rather informal investigations into projects. Often, state investigators will contact an engineer or design professional directly via email or phone to "respond to a few questions."

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Claims Retrospective: The Risks in Providing Professional Services to a Party Engaged in Litigation

Posted on 8/26/2019 by ASCE Insurance in Liability Engineers Claims

Requests for professional engineering services by a party already in litigation are not unusual and can present unique challenges. The parties embroiled in litigation are more likely to be emotional, frustrated, upset and/or defensive about the subject project, and pursuing a rational resolution may be clouded by the parties' intransigent positions. The engineer already has some indication that the parties may be difficult to work with, or are generally litigious, so taking precautions to reduce risk is important.

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