November 15, 2023 Webinar: DPLE 180 – Five Frustrating But Controllable Aspects of Contracts (pdf, 1mb)
DESCRIPTION
This course is designed to introduce and review standard five standard contract provisions, explore their implications for your services, and propose some key considerations in negotiating more favorable contracts.
September 20, 2023 Webinar: DPLE 201 – Claims Against Design Professionals on Design-Build Projects (pdf, 5mb)
DESCRIPTION
Litigation can be confusing and tedious even for legal professionals. It is no wonder that design professionals also find it confusing to navigate. In this webinar we review litigation on design-bid-build as well as design-build projects, focusing on lessons learned from court decisions addressing standard of care, warranties, prime contract incorporation by reference, third party claims against design professionals, limitation of liability, indemnification, and site safety responsibility. We will discuss their implications for your services, and ways to allocate and mitigate risks through more favorable contract terms and conditions.
July 19, 2023 Webinar: DPLE 317 – The Art of Risk Transfer (pdf, 3mb)
DESCRIPTION
In this course, we will explain risk transfer and the various techniques that can be used. We will review specific contract terms and conditions that can help you to protect your business and offer guidance on adding risk transfer practices into your risk management program.
June 14, 2023 Webinar: DPLE 125 – Pick One: Professional Liability, General Liability, Both, Neither (pdf, 3mb)
DESCRIPTION
Whether it’s in contracts, in project risk allocation, or in day-to-day project management, many clients and contractors confuse a design professional’s obligations for professional liability and general liability. But the distinctions are important because the exposures, the insurance coverages, the premiums, and the deductible obligations are all different.
April 26, 2023 Webinar: DPLE 197 – Business As Usual: Staying in Business in Times of Disaster (pdf, 2mb)
DESCRIPTION
This course will review different emergency preparedness tips to enable design firms to minimize their losses and facilitate the rapid restoration of their services in the event of a disaster. We’ll also consider the role design professionals can play in a community’s resilience and recovery efforts through smart design decisions and volunteerism.
February 22, 2023 Webinar: DPLE 175 – Should I Go or Should I Not Go (pdf, 2mb)
DESCRIPTION
Why do firms take on projects that they think could be destined to fail? When you spend time analyzing the possibilities, you can start to see future problems. Our approach will guide you through the four steps of risk management—carefully identifying, assessing, managing, and controlling the risks in projects when you’re deciding if pursuing a project is a good idea.
December 14, 2022 Webinar: DPLE 134 – Understanding Underwriting to Get a Good Deal (pdf, 4mb)
DESCRIPTION
This session will discuss some important considerations in the process of underwriting, and provide insight into how you can assist in the underwriting process to ensure the best rates and coverage for your firm.
October 5, 2022 Webinar: DPLE 310A – CLAIM is a Five Letter Word-What Happens When it Happens to You (pdf, 4mb)
DESCRIPTION
It’s been said that there are two types of design professionals—those that have been sued and those that will be sued. What are some common sources of claims against design professionals? What can you do to try to prevent them from affecting your firm? What happens and where do you turn when you have a claim?
July 20, 2022 Webinar: DPLE 318 – Legal Decisions Affecting Design Professionals (pdf, 2mb)
DESCRIPTION
This course is a review of legal decisions across the United States that affect design professionals, both from a professional and business standpoint. The course will review cases and provide lessons learned for design professionals in an effort to help alleviate legal and exposure problems in the future.
May 25, 2022 Webinar: DPLE 317 – The Art of Risk Transfer (pdf, 2mb)
DESCRIPTION
In this course, we will explain risk transfer and the various techniques that can be used. We will review specific contract terms and conditions that can help you to protect your business and offer guidance on adding risk transfer practices into your risk management program.
March 23, 2022 Webinar: DPLE 169 – Mergers & Acquisitions (pdf, 2mb)
DESCRIPTION
This session will provide an overview of mergers and acquisitions and how one could impact a design professional’s practice. The presentation will review the process and highlight considerations to factor into merger and acquisition activities.
February 23, 2022 Webinar: DPLE 316 – Contract Review for Design Professionals (pdf, 2mb)
DESCRIPTION
We will discuss the importance of contracts for Design Professionals. Reviewing the contract and understanding how to negotiate certain provisions is a critical process. We will begin with a brief overview of the key clauses in Design Professional contracts. We will then go over these clauses in more depth highlighting the potential increased exposures associated with the language, reviewing applicable court decisions, and reviewing ways to revise and negotiate certain provisions.
October 20, 2021 Webinar: DPLE 180 – Five Frustrating but Controllable Aspects of Contracts (pdf, 2mb)
DESCRIPTION
We will review the importance of contracts as a risk management tool. In this review we will highlight 5 potentially frustrating provisions and analyze what they can mean for a firm and how to craft language that can be more favorable in the event of a claim.
July 21, 2021 Webinar: DPLE 125 – Pick One: Professional Liability? General Liability? Both? or Neither? (pdf, 2mb)
DESCRIPTION
Whether it’s in contracts, in project risk allocation, or in day-to-day project management, many clients and contractors confuse a design professional’s obligations for professional liability and general liability. But the distinctions are important because the exposures, the insurance coverages, the premiums, and the deductible obligations are all different.
April 21, 2021 Webinar: DPLE 315 – Remaining ADA Compliant During COVID-19 (pdf, 1mb)
DESCRIPTION
Under the best circumstances, compliance with the Americans with Disabilities Act (ADA) can be difficult to navigate. Keeping up can be a lot even for the most skilled and well intentioned design professional.
January 20, 2021 Webinar: DPLE 314 – Looking Forward to 2021: Trends, Risks, and Planning (pdf, 1mb)
DESCRIPTION
With the changes and challenges of 2020 in mind, and thinking about forecasts for new issues in 2021, how does a design firm get ready for the coming years? This course will discuss the ever-changing impact of the pandemic and study strategies for helping design professionals guide their firms, their clients, and their communities in preparing for what’s to come.
December 16, 2020 Webinar: DPLE 313 – Alternative Dispute Resolution (pdf, 1mb)
DESCRIPTION
This course will walk participants through some of the key components of different ADR methods and discuss various considerations that can help a design professional decide which dispute resolution mechanism might be the preferred fit for a particular project type or client.
December 2, 2020 Webinar: DPLE 173 – Ergonomics: How Your Work Environment Could Hurt Your Bottom Line (pdf, 1mb)
DESCRIPTION
Design firms and surveyors have an interest in protecting the health of their employees. You should be aware of the exposures faced by your employees in the office, in the field, working at home, working mobile. During this course, we’ll familiarize you with ergonomic exposures, safety hazards, risk factors, and mitigation tools.
November 18, 2020 Webinar: DPLE 272 – 20% of the Fee 80% of the Liability: Navigating the Minefield of Construction Contract Administration (pdf, 1mb)
DESCRIPTION
The typical design professional fee is split 80% for the design and construction document creation and 20% for construction contract administration services. While construction contract administration is an essential service offered by design professionals, most claims against design professionals now include an allegation relating to negligence in the construction contract administration services.
November 4, 2020 Webinar: DPLE 150 – Ownership of Documents and Intellectual Property: Are They the Same or How Do They Differ? (pdf, 2mb)
DESCRIPTION
Owners often take the position that because they are paying for the plans and specifications, they should own them, while, design professionals are concerned that the work be paid for and that the plans not be used improperly. Further issues relating to ownership and use of plans arise if the design professional is terminated or leaves the project before completion. Or, what happens if an employee leaves the firm? Who owns the documents? In today's course we will explore the complicated issues around ownership of documents and intellectual property and how to address these issues with your client.
October 21, 2020 Webinar: DPLE 307 – Effective Negotiation by Design (pdf, 1mb)
DESCRIPTION
Every design professional, from the new college graduate to the seasoned professional running their own project or firm, can benefit from being a better negotiator. This course will consider different negotiation techniques design professionals can use to achieve a more successful outcome for their firm, and discuss how the negotiation process can be used for more effective client selection.
October 7, 2020 Webinar: DPLE 312 – Evaluating Lessons Learned After Losses (pdf, 2mb)
DESCRIPTION
A claim is more than a request for coverage or compensation as a result of a named peril. It can also be an emotional event for you and your firm, but one that is often avoidable or easily mitigated. That is why it is important to evaluate the outcome of a claim once the claim is settled – not only to identify areas of improvement for future claims, but to determine effective risk management strategies for future projects.
September 16, 2020 Webinar: DPLE 240 – The Worst Case Scenario Survival Handbook for Design Professionals (pdf, 2mb)
DESCRIPTION
For most design professionals, the “worst-case scenario” is a substantial professional liability claim. Evaluating past claims allows us to evaluate what went wrong and how public health, safety and welfare may have been compromised—almost always inadvertently. Errors originate in proposed contracts; in interpretation of laws, codes, and regulations; in lender-requested documents; or in other ways. This course will address how these issues can be identified, assessed, and mitigated—for the protection of all.
September 2, 2020 Webinar: DPLE 310A – CLAIM is a Five Letter Word-What Happens When It Happens to You? (pdf, 2mb)
DESCRIPTION
It’s been said that there are two types of design professionals—those that have been sued and those that will be sued. What are some common sources of claims against design professionals? What can you do to try to prevent them from affecting your firm? What happens and where do you turn when you have a claim?
August 19, 2020 Webinar: DPLE 223 – Contract Administration Pitfalls and Pointers (pdf, 2mb)
DESCRIPTION
This course offers an analysis of the common problems that occur during the contract administration phase and provides a review of some best practices to help avoid those problems.
August 5, 2020 Webinar: DPLE 172 – Managing Risk in Innovative Designs (pdf, 2mb)
DESCRIPTION
Clients and owners are more frequently requesting and expecting innovative designs from professionals. A thorough risk analysis and a careful review of contract language are both strategic tools to help you understand your liability and mitigate your risk. This topic is particularly salient in our current environment where the demand for innovative ways to stay ahead of COVID-19 and for resilient, healthy design is high.
July 15, 2020 Webinar: DPLE 191 – Be Social, Not Liable: Navigating Social Media Usage in the Workplace (pdf, 2mb)
DESCRIPTION
This course will review the use of social media by design professionals; the risks it poses; and what design firms, employees, and employers can do to manage and mitigate those risks. The focus of this session will be on COVID-19 related concerns.
July 1, 2020 Webinar: DPLE 2020 – Coming Back from COVID-19 (pdf, 2mb)
DESCRIPTION
As we follow governmental directives for reopening and adapting offices and project sites, it’s important to keep in mind the various risks—not only to you and your staff, but to clients, contractors, other design professionals, and the general public.
June 17, 2020 Webinar: DPLE 180 – Five Frustrating but Controllable Aspects of Contracts (pdf, 2mb)
DESCRIPTION
This course is designed to introduce and review five standard contract provisions, explore their implications for your services, and propose some key considerations in negotiating more favorable contracts.
June 3, 2020 Webinar: DPLE 213 – Limitation of Liability (pdf, 2mb)
DESCRIPTION
This session will be a discussion on limitation of liability provisions in professional service agreements – what they are, how to negotiate for them, and considerations to discuss with a knowledgeable attorney, when crafting a strong “Limitation of Liability” (LOL) clause that is tailored to the design professional’s specific jurisdiction and circumstances.
May 20, 2020 Webinar: DPLE 290 – One App at a Time: Using Technology to Promote Safety in the Design and Construction Industry (pdf, 2mb)
DESCRIPTION
In light of the current pandemic, we evaluate how technology has proven to be helpful in increasing the safety of occupants and users of buildings or construction sites. This presentation will discuss developing technological methods, systems, and products, and how they impact safety and welfare within the construction and design industry.
May 6, 2020 Webinar: DPLE 224 – Stopping and Restarting Projects: Not Business as Usual (pdf, 2mb)
DESCRIPTION
This course will be an analysis of the common problems that occur during the contract administration phase and review the best practices to avoid those problems.
April 15, 2020 Webinar: DPLE 202 – Moonlighting: Should it be Allowed? What are the Issues? How can Our Firm Address it? (pdf, 2mb)
DESCRIPTION
When an employee works outside the scope of the traditional employer-employee relationship, it’s known as moonlighting. The practice of moonlighting is relatively common, and in some cases, it’s known and accepted by the employer. This presentation will:
- highlight the issues related to moonlighting;
- consider whether or not the practice should be allowed; and
- identify steps a firm can take so that the line between employee and moonlighter is more clearly defined.
April 1, 2020 Webinar: DPLE 197 – Business as Usual: Staying in Business in Times of Disaster (pdf, 3mb)
DESCRIPTION
This course will review different emergency preparedness tips to enable design firms to minimize their losses and facilitate the rapid restoration of their services in the event of a disaster. We’ll also consider the role design professionals can play in a community’s resilience and recovery efforts through smart design decisions and volunteerism.
March 18, 2020 Webinar: DPLE 277 – Job Site Safety (pdf, 3mb)
DESCRIPTION
When you are at a job site, your first and foremost duty is to protect the health, safety, and welfare of yourself, your employees, your consultants and the general public. This course will strive to get you to not only think about the job you have to do, but to also be aware of everything that is going on around the project. Understanding all the exposures on a job site will help you complete your part of the project safely and without costly delays.
March 4, 2020 Webinar: DPLE 177 – Measuring Your Risk: Surveyor Contracts for Everyone (pdf, 2mb)
DESCRIPTION
Firms that provide surveying services have unique professional exposures, whether you're the one providing services or you're the one contracting with a surveying firm. In today's design environment, understanding and managing perils in many forms is important. The use of risk management practices and a sound contract can help you recognize and mitigate the risks that you face.
February 19, 2020 Webinar: DPLE 311 – Pitfalls of Lender’s Assignment and Consent Agreement (pdf, 2mb)
DESCRIPTION
In today's climate, more and more design professionals are being asked to address client issues relative to financing, such as a lender's request for an assignment or certification. This presentation will focus on the often overlooked and misunderstood agreements issued by lenders, and explain how certain provisions, or even a single word, can potentially jeopardize a design firm's professional liability coverage and/or expose a design firm to unanticipated liability.
February 5, 2020 Webinar: DPLE 183 – Maximizing Choices and Mitigating Risks through Proper Communication, Branding and Education (pdf, 2mb)
DESCRIPTION
With a plethora of design firms nationwide, it is essential that firms set themselves apart in order to achieve valuable client relationships. This webinar reveals a few strategies that can help enhance your firm’s public exposure and increase your firm's clientele.
January 15, 2020 Webinar: DPLE 182 – To Document or Not to Document: That is the Question (pdf, 2mb)
DESCRIPTION
When organizing your file after a project is complete, what should you toss, and what should you keep? Did you ever have a project email you wish you could delete “by accident?” Did you ever have a project drawing that went out and was later corrected, so you wish you could make the initial drawing “disappear?” This seminar will provide guidance on document retention policies, covering the laws and rules prohibiting the destruction of evidence including electronically-stored information.
December 18, 2019 Webinar: DPLE 176 – The Risk Spectrum of Construction Phase Services (pdf, 2mb)
DESCRIPTION
When it comes to construction phase services, have you ever worked with a client on an extremely tight budget or a contractor who has unreasonable expectations? Then you have to factor in that the construction phase of a project is the most stressful and misunderstood part of a project. Today, we're diving into the importance of managing the risks that come with providing construction phase services and how you can learn from the mistakes of others.
December 4, 2019 Webinar: DPLE 175 – Should I Go or Should I Not Go? (pdf, 2mb)
DESCRIPTION
Why do firms take on projects that they think could be destined to fail? When you spend time analyzing the possibilities, you can start to see future problems. Our approach will guide you through the four steps of risk management—carefully identifying, assessing, managing, and controlling the risks in projects when you’re deciding if pursuing a project is a good idea.
November 20, 2019 Webinar: DPLE 149 – Just the FAQs on Ethics (pdf, 2mb)
DESCRIPTION
Many design professionals approach their day-to-day activities acting ethically, but thinking little about it as they do so. This course will explore what professional ethics are, where they’re defined, when they’re tested, and what happens when ethical matters are mismanaged.
November 6, 2019 Webinar: DPLE 180 – Five Frustrating but Controllable Aspects of Contracts (pdf, 2mb)
DESCRIPTION
This course is designed to introduce and review five standard contract provisions, explore their implications for your services, and propose some key considerations in negotiating more favorable contracts.
October 16, 2019 Webinar: DPLE 134 – Understanding Underwriting to Get a Good Deal (pdf, 4mb)
DESCRIPTION
This course will review some important considerations in the process of underwriting and provide insight into the actions that design professionals and their firms can take to reduce their risk from an underwriting perspective.
October 2, 2019 Webinar: DPLE 307 – Effective Negotiation by Design (pdf, 2mb)
DESCRIPTION
Every design professional, from the new college graduate to the seasoned professional running their own project or firm, can benefit from being a better negotiator. This course will consider different negotiation techniques design professionals can use to achieve a more successful outcome for their firm, and discuss how the negotiation process can be used for more effective client selection.
September 18, 2019 Webinar: DPLE 195 – Learning When to Waive Good-Bye (pdf, 2mb)
DESCRIPTION
This course will review important waiver provisions in design contracts, the risks they pose, and the actions that design professionals can take to manage and mitigate their liability.
September 4, 2019 Webinar: DPLE 292 – Don't Risk Denial: Understanding Common Exclusions in Professional Liability Policies (pdf, 2mb)
DESCRIPTION
Understanding the coverage and exclusions in a professional liability policy can be confusing for design professionals and their clients. The goal of this presentation is to explore what uninsurability really means, why it matters to design firms and project owners alike, and look at some problematic contract language commonly seen in Owner-drafted contracts that can cause coverage concerns.
August 21, 2019 Webinar: DPLE 203 – Contracting for Projects Large and Small: A Primer (pdf, 2mb)
DESCRIPTION
For most design professionals, negotiating a professional services agreement is not the best part of a project. Some “solve” that problem by not having a contract at all, but we all know that’s not an ideal solution. This course will provide considerations on writing contracts for all projects—from the smallest to the largest.
August 7, 2019 Webinar: DPLE 189 – On the Road Again: Improving Driver Decisions and Behavior (pdf, 2mb)
DESCRIPTION
You may not spend a lot of time thinking about vehicle and driver safety. However small you might perceive your exposure to be, on average, auto hazards are second only to professional liability in their ability to negatively impact your bottom line. Understanding the risks of the road, driver behaviors, and company policies can help prevent crashes and keep your drivers, and the public, safer on the road.
July 17, 2019 Webinar: DPLE 202 – Moonlighting: Should it be Allowed? What are the Issues? How can Our Firm Address it? (pdf, 3mb)
DESCRIPTION
When an employee works outside the scope of the traditional employer-employee relationship, it’s known as moonlighting. The practice of moonlighting is relatively common, and in some cases, it’s known and accepted by the employer. This presentation will: (1) highlight the issues related to moonlighting; (2) consider whether or not the practice should be allowed; and (3) identify steps a firm can take so that the line between employee and moonlighter is more clearly defined.
July 3, 2019 Webinar: DPLE 197 – Business as Usual: Staying in Business in Times of Disaster (pdf, 2mb)
DESCRIPTION
This course will review different emergency preparedness tips to enable design firms to minimize their losses and facilitate the rapid restoration of their services in the event of a disaster. We’ll also consider the role design professionals can play in a community’s resilience and recovery efforts through smart design decisions and volunteerism.
June 19, 2019 Webinar: DPLE 201 – Claims Against Design Professionals on Design-Build (and Other) Projects (pdf, 2mb)
DESCRIPTION
Litigation can be confusing and tedious even for legal professionals. It is no wonder that design professionals also find it confusing to navigate. In this webinar we review litigation on design-bid-build as well as design-build projects, focusing on lessons learned from court decisions addressing standard of care, warranties, prime contract incorporation by reference, third party claims against design professionals, limitation of liability, indemnification, and site safety responsibility. We will discuss their implications for your services, and ways to allocate and mitigate risks through more favorable contract terms and conditions.
June 5, 2019 Webinar: DPLE 158 – A Case Study in Claims Caused by Subconsultants (pdf, 3mb)
DESCRIPTION
In many cases, design firms work with a variety of different subconsultants on a continuing basis for multiple projects. A certain level of risk is inherent in this relationship and it is important to remember that the client will often look to the prime design firm and not the subconsultant for ultimate responsibility. This presentation will analyze a hypothetical claim stemming from the services of a subconsultant, discuss steps that the prime design firm could have taken to reduce their liability, and review best practices of contracting with subconsultants and navigating through dispute resolution.
May 15, 2019 Webinar: DPLE 191 – Be Social, Not Liable (pdf, 1mb)
DESCRIPTION
This course will review the use of social media by design professionals, the risk it poses, and what design firm employees and employers can do to manage and mitigate those risks.
May 1, 2019 Webinar: DPLE 150 – Ownership of Documents and Intellectual Property: Are They the Same or How Do They Differ? (pdf, 2mb)
DESCRIPTION
Owners often take the position that because they are paying for the plans and specifications, they should own them, while, design professionals are concerned that the work be paid for and that the plans not be used improperly. Further issues relating to ownership and use of plans arise if the design professional is terminated or leaves the project before completion. Or, what happens if an employee leaves the firm? Who owns the documents? In today’s course we will explore the complicated issues around ownership of documents and intellectual property and how to address these issues with your client.
April 17, 2019 Webinar: DPLE 172 – Managing Risk in Innovative Designs (pdf, 2mb)
DESCRIPTION
Clients and owners are more frequently requesting and expecting innovative design from professionals. A through risk analysis and a careful review of contract language are both strategic tools to help you understand your liability and mitigate your risk.
April 3, 2019 Webinar: DPLE 180 – Five Frustrating But Controllable Aspects of Contracts (pdf, 2mb)
DESCRIPTION
This course is designed to introduce and review five standard contract provisions, explore their implications for your services, and propose some key considerations in negotiating more favorable contracts.
March 20, 2019 Webinar: DPLE 175 – Should I Go or Should I not Go (pdf, 2mb)
DESCRIPTION
Why do firms take on projects that they think could be destined to fail? When you spend time analyzing the possibilities, you can start to see future problems. Our approach will guide you through the four steps of risk management—carefully identifying, assessing, managing, and controlling the risks in projects when you’re deciding if pursuing a project is a good idea.
March 6, 2019 Webinar: DPLE 200 – All for Equity and Equity for All: A Guide to Discrimination Law for Design Professionals. (pdf, 4mb)
DESCRIPTION
Identifying, addressing, and mitigating discrimination in your workplace and your practice is an important component of any risk management strategy. This course will address some of the key considerations when undertaking this process to help you avoid expensive mistakes, legal nightmares, and ethical faux pas, to help you maintain a safe, respectful working environment for all.
February 20, 2019 Webinar: DPLE 199 – Design Firm Leadership – Truths, Styles, Techniques, and Other Insights (pdf, 3mb)
DESCRIPTION
Running a successful design firm requires a multitude of skills. Design and technical talents are pre-requisites and you’ll also need some marketing, some management, and financial savvy. This is true regardless of firm size, location, or specialty. Is all of that “leadership”? or is “leadership” something more?
February 6, 2019 Webinar: DPLE 224 – Stopping and Restarting Projects: Not Business as Usual (pdf, 4mb)
DESCRIPTION
This course examines the common issues that arise for Design Professionals when a project is suspended, terminated, and/or restarted. Different scenarios will be used to illustrate the type of risks that Design Professionals may face, and what they can do to manage and mitigate those risks.
