Public-private partnerships and the design firm

Posted by & filed under BDP Blog, Published Articles.

By Andrew D. Mendelson, FAIA, Chief Risk Management Officer, Berkley Design Professional

April 11, 2019

Adapted from an article authored by Suzanne H. Harness, J.D., AIA for Berkley Design Professional

Recognizing that traditional public funding will not always be available, governmental agencies are using innovative public-private partnership (P3) models to incentivize their private-sector partners to deliver much needed local projects. For many engineers, P3 is already a familiar method of project delivery for infrastructure such as roads, bridges, tunnels, and transit. Architects are now finding that local communities are also considering P3 for other types of building projects, including athletic facilities, museums, convention centers, parking garages, courthouses, libraries, and affordable housing.

Simply stated, a P3 exists when a public entity retains a private entity to finance, design, and build a project that will deliver a benefit to the public. Often, the P3 consortium will be responsible for maintenance and operations over an extended period of time, up to 30 years. One thing is certain: private entities—and their investors and lenders—will only support P3 projects when they have confidence that the revenue stream will deliver an acceptable return on investment. The developer is then under tremendous pressure to deliver the promised financial return to investors.

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Andrew Mendelson of Berkley Design Professional to Address BIM Issues and Best Practices at American Council of Engineering Companies 2019 Annual Convention

Posted by & filed under BDP Blog, Featured, News Releases.

Carmel-by-the-Sea, CA (April 15, 2019) – 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 address Building Information Modeling (BIM) issues and best practices at the American Council of Engineering Companies (ACEC) 2019 Annual Convention & Legislative Summit to be held May 5 – 8, at the Marriott Wardman Park in Washington, D.C.

“When used properly, BIM can improve a design firm’s productivity, quality and project team relationships, as well as increase operational efficiencies from project inception through post-construction facility management,” says Mendelson. “However, users must be aware of the potential legal implications and professional liability risks emanating from unintended use of this emerging technology.”

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Purchase Orders as Contracts – What is the Design Professional to Do?

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By Diane Mika | February 19, 2019

Contracts are in virtually all parts of our business.  They take many styles and most often in the form of purchase orders, proposals, consulting services agreements, etc. 

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Strategically preparing for construction professional liability risk

Posted by & filed under BDP Blog, Published Articles.

by Walter J. Adams, Jr.

All contractors and subcontractors should be involved in mitigating risk.

Risk is inherent with any commercial building project. From design and specification through construction, there are many moving parts capable of creating any number of problems.

In the past, roles were clearly defined under the design/bid/build project delivery methodology. Responsibilities had a beginning and end. There was little guesswork – if any at all.

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Complimentary Webinar: From Scope Creep to Profitability

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Presented by: Andrew D. Mendelson, FAIA, Senior Vice President & Chief Risk Management Officer, Berkley Design Professional and Diane P. Mika, Vice President & Director of Risk Management Education, Berkley Design Professional 

Thursday, March 7, 2019 11:00 am Pacific Standard Time

1.5 AIA CES LUs/1.5 PDHs  HSW Qualified
Berkley DP policyholders who participate in this program can qualify for a 15% Risk Management Education credit. Contact your agent for further information* 

This webinar has been recorded and is available on demand for Berkley Design Professional policyholders and our appointed agents and brokers on the BDP Risk® Learning Management System.

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Complimentary Webinar: Ethical Challenges & Enigmas for the Architects and Engineers World

Posted by & filed under BDP Blog, Events.

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

This webinar has been recorded and is available on demand for Berkley Design Professional policyholders and our appointed agents and brokers on the BDP Risk® Learning Management System.

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Andrew Mendelson of Berkley Design Professional to Address Design Project Scope Creep & Profitability at ACEC 2018 Fall Conference

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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8 Steps to Successful Subconsultant Relationships

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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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When Bricks Meet Bytes

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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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