What You Need to Know—About the Changing Standard of Care

The AIA Trust has just released a new white paper on a topic of vital interest to AIA Members—the evolving standard of care. The standard of care is the prevailing benchmark of professional practice in architecture and design and the threshold of protection under professional liability insurance.  The design professional’s standard of care is generally based on the performance of others characterized as the “reasonable,” “ordinary,” or “average” design professional, and not on internal or personal capabilities. However, what happens when no one has undertaken the contemplated action before? Read more »

Project Documentation: To Write or Not To Write

In suits alleging negligence in the performance of professional services, well-drafted documents and well-kept, comprehensive records are the strongest defensive weapons available to professionals.  The following practices and procedures can be vital to a firm’s continued profitability in the face of costly litigation.
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Insurance Concerns in Mergers and Acquisitions

As architects continue to face economic challenges in the architectural and broader economic community, merger and acquisition activity is again increasing in the design firm world.  Unfortunately, concerned more about clients and culture, too many firms wait until the last minute to consult with their insurance advisor. This is a bad mistake that can cost the buyer and the seller money, time and unneeded headaches. Read more »

Risk Management Tools for You & Your Firm

Architects confront risks daily – at many levels. From working with employees and maintaining your own office space to working with clients and contractors on job sites – along with all the regulatory and legislative requirements that frequently change – the risks are real and substantial.

In its role as a risk management resource for members, the AIA Trust works with a wide variety of important participants in the risk management arena. Often, the result of these working relationships is reports and resources on vital topics of interest to AIA Members—ranging from the annual survey of the professional liability insurance industry to white papers on vital topics of architectural practice. Read more »

New Project-Based IPD Insurance Coverage is Available

The shared-risk/shared-profit collaborative nature of Integrated Project Delivery results in many aspects of the relationship being defined contractually. But it is unclear how courts will construe the provisions of multi-party agreements with extensive waivers of rights, unusual limitations on risk, and blurring of responsibilities. The delivery system, with its emphasis on contractual liability rather than negligence liability, means that case law proves of little value. With so many unknowns in the legal treatment of collaboration in design and construction, the insurance coverage options are difficult to define and price. Read more »