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Design Professionals' Exposure for Design Errors and Omissions

OnDemand Webinar (100 minutes)

Understand the contractual protections that can be used to minimize exposure.Today, design professionals are being asked to take on greater risk and liability than ever before. For the individual responsible for identifying and evaluating risk for design professionals on a project-by-project basis, complex issues concerning measure of damages, insurance and other potential sources of risk must be understood and examined on every project. This topic will identify the areas of greatest risk and address how insurance and contractual protections can be used to minimize the exposure of the design professional.


Edgar (Eddie) James, Polsinelli PC Christopher Mohart, Polsinelli PC


Design Professional Agreements Generally

• AIA Agreements (New 2017 Provisions)

• Allocation of Risks

• Delineation of Obligations

• Interpretation of Contracts (Parole Evidence Rule)

Standard of Care

• Different Examples per State

• What If No Standard of Care Is Stated in the Contract? (Battle of Experts)

• Certificate of Merit Statutes

• Licensing Board Standards

• Raising the Standard of Care via Contract

Sources of Liability

• Cost Estimating

• Design and Defective Plans

• Scheduling

• Construction Administration

Contract Damages

• Breach of Warranty

• Third-Party Beneficiaries

• Consequential Damages

• Betterment Doctrine

• Liquidated Damages

Tort Law and Professional Negligence

• Negligence per Se

• Contributory Negligence

• Exceptions to the ELD - Negligent Misrepresentation


• Professional Liability Insurance

• Commercial General Liability Insurance

• Additional Insured

Contractual Protections

• Limitations of Liability

• Indemnification

• Ownership of Instruments of Service