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Carmel-by-the-Sea, CA (August 21, 2018) – Andrew D. Mendelson, FAIA, senior vice president, chief risk management officer at Berkley Design Professional, a division of Berkley Alliance Managers, a Berkley Company, will explore the methods for identifying and managing design project scope creep at the American Council of Engineering Companies (ACEC) 2018 Fall Conference to be held October 28 – 31, at the Bellagio in Las Vegas, Nevada.

The session titled “From Scope Creep to Profitability: Managing Change, Risk, and Your Client’s Expectations” will highlight the triggers of change and the means for preventing process claims, maintaining client relationships and staying profitable. This includes managing scope creep, which occurs when professional design services expand without corresponding fee increases or the realization of additional risk and exposure. The presentation is scheduled to take place on Monday, October 29, 2018 at 3:45 p.m. pacific time.

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Streamline the design-build process with a solid strategy for choosing partners

 

by Andrew Mendelson FAIA
August 8, 2018

Prime design consultants often have a great deal of project control and leverage. Unfortunately, such responsibilities increase the potential for significant risk. This is especially true if errors or omissions committed by subconsultants cause damage to the client or project. Under such circumstances, the prime will most likely be held liable as if they committed the negligent acts themselves.

Given the risks and responsibilities, it’s surprising how many times prime consultants retain subconsultants without thoroughly vetting their skills and backgrounds. Many even fail to hold written contracts with their subs or only move forward with brief agreement letters and/or the subconsultant’s proposal. But consider this: if problems occur and the prime has no contract with the subconsultant, or if the contract is inadequate or ambiguous, the prime could end up paying for the client’s entire loss.

Another problem is that primes often neglect to require insurance—or an adequate amount—from their subs which places their own deductible and policy limits at risk.

As a result, here are eight steps Berkley Design Professional recommends for helping to prepare against issues before they arise, while also protecting against costly and time-consuming delays.

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From Scope Creep to Profitability: Managing Change, Risk, and Client Expectations

Presented by: Andrew D. Mendelson, FAIA, Senior Vice President, Chief Risk Management Officer

Monday, October 29, 2018, 3:45 pm

https://www.acec.org/conferences/fall-conference-2018/educational-sessions/

From Scope Creep to Profitability: Managing Change, Risk, and Your Client’s Expectations Change challenges the basic premise of project management: the control of resources to meet a certain objective by a specific date within a finite budget. Scope creep happens when there is an expansion of services provided without a corresponding increase in the design professional’s fees or recognition of additional risk exposure. The good news is that while change is inevitable, scope creep is not. This workshop will help you learn the triggers for change and how to manage the change process to prevent claims, maintain your client relationships, and stay profitable.

Learning Objectives

  1. Recognize that concise definition of scope of project and services is a critical component of contract administration
  2. Identify potential risks in reduction of professional services in construction documents and construction administration, as well as increased risk exposure due to expanded scopes of service.
  3. Learn strategies to identify and control modifications to construction systems, material and products through effective change management
  4. Learn how to manage the implications of change through proactive communication and documentation

Posted by & filed under Published Articles.

Navigating 21st Century Technology Pitfalls for Construction Professionals

By Dion Cominos and Laila Santana

The intersections and collisions between the worlds of professional services and technology are varied and numerous, affecting virtually every facet of modern business. Nowhere has this effect been more profound than in the field of construction, where electronic tools and innovations have revolutionized the processes of design and construction, resulting in a significant acceleration of both the conceptualization and development of buildings and structures worldwide.

However, this panacea of mechanization and automation comes with a price as a whole new range of liabilities and exposures emerge, presenting novel challenges and dilemmas for the architect and engineer (A&E) practitioner. Let’s explore both the opportunities and hazards that can result from the convergence of technology and construction, and also examine ways in which professionals can steer clear of the perils that can jeopardize the unwary.

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Albany, N.Y. (April 12, 2018)

Walter J. Adams, Jr., vice president and senior claims examiner at Berkley Alliance Managers, a Berkley Company, will discuss the latest Trends in Construction Litigation at the DRI Construction Law Seminar to be held April 25 – 27, 2018 at the Hilton Nashville Downtown in Nashville, Tennessee.

During the April 26th panel, Adams will examine the cost and scope considerations relating to e-discovery and the litigation issues surrounding liability for construction data breaches, cost considerations and the use of drones. He will be joined by Brian C. Lopez of the Lopez Law Group PLLC and Rachel C. Engelstein of Standard Industries Inc.

Adams handles claims for Berkley Construction Professional and Berkley Design Professional. He has nearly two decades of experience handling Architects and Engineers and Contractor’s Professional Liability claims at leading insurance carriers as well as litigating professional, general, environmental and construction liability cases at various New York-based law firms.

For more information on Berkley Alliance Managers please visit www.berkleyalliance.com.

 

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By James B. Atkins, FAIA & Andrew D. Mendelson, FAIA

Building Information Modeling (BIM) is rapidly becoming the central platform for design, construction and building operation. But like the transporter of science fiction star adventures, BIM can appear uncertain and mysterious at first glance. A single delivery contract and open access to the architect’s Building Information Model can quickly raise one’s risk alert level to red. Although there has not yet been a proliferation of claims, risk management can be preemptive. This paper addresses issues that can be beneficial in managing risks in digital practice.

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PRODUCT: Per-project primary limit coverage on architects & engineers professional liability

COMPANY: Berkley Design Professional, a division of Berkley Alliance Managers

BEST RATING: A+ (Superior)

AVAILABILITY: Coverage is available through retail brokers that specialize in working with design firms.

FOCUS: Berkley Design Professional, which specializes in professional liability products and services for the design professional industry, now offers the per-project primary limit coverage as a professional liability coverage option.

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by Andrew W. Mendelson

The term “materials transparency” has quickly grown in importance among building owners, developers, design firms and associations based on the industry’s growing ecological concerns.

Simply put, materials transparency requires manufacturers to disclose the content of building products with the goal of creating more sustainable and healthful indoor environments. To meet these objectives, contractors and construction executives will be seeking additional material information and content reports during the specification and construction submittal process.

However, new trends like this often translate into additional risks. Responsibility, unless clearly contracted, is often not readily apparent when products do not work as advertised or cause unexpected negative impacts.

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