Standard of Care

Does utilizing construction contracts for design services impact my common law Standard of Care? Using a construction contract for design services may well alter a design firm’s Standard of Care, particularly if the construction contract contains...

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Indemnification & Duty to Defend

Indemnification & Duty to Defend These are terms we use everyday, and at first glance they seem pretty straightforward, but as is often the case in insurance, they can be quite complicated and nuanced. Here's a few sections on indemnification and duty...

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Limitation of Liability Clauses

Court Upholds Limitation of Liability Clause Construction Risk Magazine recently ran an article covering a lawsuit were a limitation of liability clause was contested. The clause was originally set at a significant percentage of the design professional's...

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Reviewing Hazardous Materials

How should I review hazardous materials found on the project site? Your contract for professional services should clearly state you are not responsible or liable for any hazardous materials found on the project site. Your contract for professional services...

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