By Andrew D. Mendelson and Dion N. Cominos | Sunday, January 3, 2021
Legal and practice standards for design and construction professionals are evolving due to climate change. While the cause of climate change is an oft-debated topic, the fact of it is largely undeniable. The earth’s global surface temperature and water levels are rising, while severe storms and climatic events have increased dramatically across the United States and not just in coastal areas.
Consequently, the standards of care and legal requirements applicable to design professionals, contractors and others involved in construction will need to be taken into consideration as part of the overall construction process.
Presented by: Ian C. Rusk, ASA, CM&AA, Managing Principal, ROG+Partners, LLC Andrew D. Mendelson, FAIA, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional
Tuesday, February 9, 2021 10:00 am – 11:30 am Pacific Daylight Time 1.5 AIA CES LUs 1.5 RCEP PDHs Berkley DP policyholders who participate in this program can qualify for a 15% Risk Management Education credit. Contact your agent for further information*
Principals of architectural and engineering firms invest significant personal, professional, and financial resources to establish, develop, and expand their firms. It’s not surprising that profitability at the project level is necessary for your firm’s overall financial success and ability to invest in personnel, quality management standards, and technology that will sustain the firm over the long term.
Profitability and sound financial management are key to creating value of your firm. Beginning with a culture that includes focus on responsible and profitable performance, your firm’s strategic plan can guide the development of high-value specialties and a strong market presence in order to thrive and endure as a business.
by Walter J. Adams, Jr., Berkley Alliance Managers, a Berkley Company
Once again, the American economy is in flux. We’re all now in a wait-and-see game with a virus that is endangering the well-being of both individuals and businesses worldwide.
For some contractors, the projects scheduled before COVID-19 will move forward without delay. Others will be placed on hold or cancelled which will jeopardize the incomes and livelihoods of our nation’s contractors, subcontractors, engineers and architects.
As a result, the written contracts agreed upon between all parties have never been more important. Given the unpredictability shadowing the entire construction industry, plus state and federal regulations and mandates changing daily, every detail of every project should be clearly defined. Agreements that carefully state the risks, roles, responsibilities and rights of every participant, including subcontractors, are essential for ensuring successful, profitable outcomes during the best of times, let alone when circumstances are uncertain at best.
Monterey, Calif. (November 17, 2020) – For the second consecutive year Berkley Design Professional (BDP), a division of Berkley Alliance Managers, a Berkley Company, has won a Brandon Hall Group Excellence Award for Learning for its BDP Risk® Learning Management System. The 2020 Silver Award for “Best Advance in Custom Content” recognizes Berkley Design Professional’s successful efforts to increase client retention and to help design professionals improve their business practices and decrease claim frequency.
“This year we had a remarkable increase in the number of BDP Risk® users and tripled our course participation,” said Diane P. Mika, vice president and director of risk management education at Berkley Design Professional. “But perhaps the strongest indicator of success is our confirmation of the relationship between risk management education participation and a decrease in claims.”
Large municipalities across the country, recognizing the bureaucratic inability to keep up with construction volume, have taken to outsourcing what were once clearly government functions to design professionals. Cities that do not have the resources and cannot keep up with the influx of applications, certifications, violations, or inspections are cutting down their workloads by placing ever greater responsibility on architects and engineers to certify plans, conduct special inspections, and perform façade inspections. In New York City, the Fire Department has even established a program for licensed professionals to certify correction of certain fire alarm system defects, effectively eliminating the need for Fire Department re-inspections of these conditions.
COVID-19: Professional Liability Risks and Insurance Issues
Panelists: Andrew D. Mendelson, FAIA, Chief Risk Management Officer, Senior Vice President, Berkley Design Professional Mark Blankenship, CPCU, AIC, LEED, AP, Assistant Vice President, Liberty International Underwriters Lou Gale, Esq., General Counsel, SCB
Presenter: David Hatem, Esq., Founding Partner, Donovan Hatem LLP
Wednesday, November 11, 2020 2:00 – 2:55 PM Central
Albany, N.Y. (September 15, 2020) – Andrew D. Mendelson, FAIA, senior vice president, chief risk management officer at Berkley Alliance Managers, a Berkley Company, will participate in the panel discussion, “Weathering the Storm: Evolving Legal Standards in the Era of Climate Change”, held during the 2020 CLM Virtual Construction Conference on Tuesday, September 29 at 11:00 a.m. CDT.
“Climate change threatens the integrity of everything from building envelopes, roads and bridges to communications and utility infrastructures,” says Mendelson. “As a result, codes, standards and regulations are continually evolving to protect against the ever-increasing frequency of severe storms and their potentially disastrous effects. This session will focus on the design and construction of resilient structures that remain habitable, overcome power outages, and manage stormwater and flooding during extreme storm conditions.”