Posted by & filed under Events, Featured.

Presented by: David A. Ericksen, Esq., Executive Committee, Construction Practice Leader, Severson & Werson and Andrew D. Mendelson, FAIA, Senior Vice President, Chief Risk Management Officer

Thursday, December 6, 2018, 11:00 a.m. to 12:30 p.m. Pacific
1.5 AIA CES LUs / 1.5 PDHs

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On paper, professional ethics seem simple—just do the right thing. But in the real world ethics can become very complicated for design and construction professionals.

This webinar draws on real life ethical cases from design professionals to illustrate the challenges and corresponding dilemmas. Based on those real world experiences, the webinar will chart a path to manage those challenges and clear the way for professional success, business stability and expansion.

What You’ll Learn

  • Identify most common ethical issues drawn from reported ethical opinions
  • Understand overlay of contractual ethical obligations.
  • Develop strategies to identify and manage core ethical challenges
  • Appreciate ethical conduct as business opportunity

Who should attend?

Everyone at your architectural or engineering firm can benefit from attending this webinar, particularly those with project and firm leadership roles:

  • Principals
  • Professionals
  • Project Managers
  •  Construction Administration Leaders

Earn Learning Units
This program is registered for learning units:

  •  1.5 AIA CES Learning Units
  •  1.5 Professional Development Hours

Qualify for Risk Management Education Credit Berkley DP policyholders who participate in this program can qualify for a 15% Risk Management Education credit. Contact your agent for further information.*

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*Each policy year, firms that participate in one or more Berkley DP education programs qualify for a single 15% risk management education credit that will be included in rating and reflected in the firm’s next premium quotation. Please note that the education credit opportunity applies only to primary policies; excess policies are not eligible.


Posted by & filed under News Releases.

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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Posted by & filed under Published Articles.

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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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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Posted by & filed under BDP Blog, News Releases.

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


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Posted by & filed under Published Articles.

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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Posted by & filed under News Releases.

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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Posted by & filed under Published Articles.

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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Posted by & filed under News Releases.

New Limit Option Provides Dedicated Limit for Projects

Carmel-by-the-Sea, CA (September 7, 2017) – Berkley Design Professional (Berkley DP), a division of Berkley Alliance Managers, a Berkley Company, has become the first provider  in the architects & engineers professional liability segment to offer “Per Project Primary Limits” coverage to design firm customers. This new limit structure provides a dedicated limit for every project a design firm has worked on after the retroactive date stated in the firm’s professional liability insurance policy, even if the Policy Aggregate Limit is exhausted.

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Posted by & filed under Published Articles.

By Andrew D. Mendelson

When properly implemented, building information modeling (BIM) has a significant impact on infrastructure by increasing the productivity, efficiency and quality of design and construction projects.

Initially used primarily for vertical building efforts, BIM is now also being frequently used on horizontal projects. In both cases, BIM enables designers and engineers to make earlier informed decisions about the specification of materials as well as identify and resolve conflicts.

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