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Document Retention Guidelines. Mediation and Arbitration in Construction The pamphlet focuses on mediation and arbitration methods, processes, roles and relationships. Preparing for the IgCC — Members of the Risk Management Committee evaluated the International Green Construction Code IgCC and produced this white paper on how the Code will affect professional practices and the standard of care for design, engineering, construction administration, commissioning, and facility management. An Overview of Indemnification and the Duty to Defend — An overview and analysis of these critical legal concepts provided by the Risk Management Committee.

The ZweigWhite Engineering Firm Salary Survey is the most up-to-date and comprehensive compensation survey report for engineering firms operating in every region of the U. ACEC's Trust Programs are designed to enhance your membership investment by helping to control your firm's costs. More Info. Senior Executives Institute. Pathways to Executive Leadership.

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Young Professional of the Year Award. Professional Liability Insurance Surveys of Member Firms An important consideration for every engineering firm is professional liability insurance.

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  • It lists the key elements that should be considered in the formation of a fair cost recovery policy. Individual courses and subscriptions available. By James P. Bobotek, Pillsbury Winthrop Shaw Pittman.

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    In the world of construction, whether you are a lender, owner, contractor, or subcontractor, your success hinges largely on risk management. Within those contracts, risk is primarily allocated through indemnity and insurance requirement provisions. Proper risk management practices, however, are not limited to risk allocation. Equally important is careful contract preparation and review. Set forth below is a brief overview of some of the most important risk management concepts to consider when preparing or entering into your next construction contract.

    Owners and contractors should anticipate potential project risks and determine whether it is more advantageous to retain or transfer them. From a risk management perspective, it is crucial to spread the project risks to the parties most able to manage them. O wners, especially those not well-versed in the nuances of the construction industry, should strive to limit the number of parties with whom they contract.

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    Subcontractors should, in turn, engage sub-subcontractors, materialmen, and suppliers. In this fashion, the overall project risks may be spread to those with the greatest ability to control them. The best way to achieve successful completion of the project on time and within budget is to foster a collaborative project environment. This begins with the contracting process.

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    While is it advisable to clearly address all anticipated risks in the contract, it serves no useful purpose to force an onerous, one-sided contract on contractors and subcontractors. Draconian indemnity, warranty, and payment provisions will not only drive project costs up, but may also engender a more adversarial relationship between the contracting parties.

    In addition, courts may not uphold them. When transferring risk through indemnity, it is important to ensure that the transferee has, or is able to procure in a cost-effective manner, insurance coverage sufficient to handle the assumed risk.

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    Do not let lack of insurability for such conduct serve as a valid argument for negotiating responsibility for it out of an indemnity agreement. Tailor Insurance Requirements to the Discipline. When preparing insurance requirements for construction-related contracts, make sure that the indemnity and risk obligations associated with each project discipline are identified and addressed.

    Design Professionals architects, engineers, etc.

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    Contractors and Subcontractors. For those contractors and subcontractors performing any design-build functions, professional liability coverage should also be required. While the liability coverage referenced above covers most project accidents resulting in i bodily injury, and ii damage to property other than what is being constructed, in most cases it does not cover damage to the structure being built.

    If a builders risk policy is procured, consideration should be given to whether the owner or the contractor obtains it. This determination is best made on a project-by-project basis, taking into consideration such factors as the type of project i. Address Potential Coverage Gaps. Numerous risk management products, including insurance policies and bonds, are required to cover the risks presented by a construction project.

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    To the greatest extent possible, the coverage provided by these policies should fit together.