Design/Construction Standards and Building Codes Evolving to Address Climate Change

Posted by & filed under BDP Blog.

By Andrew Mendelson, FAIA
Executive Vice President, Chief Risk Management & CX Officer
Berkley Design Professional, a Berkley Company

October 23, 2023

Climate change is already having a significant impact on the design and construction industry and this impact is only going to grow in the years to come. Extreme weather events such as hurricanes, floods, wildfires and tornadoes are becoming more frequent and severe and buildings and infrastructure are increasingly being damaged or destroyed.

In response to these challenges, building codes and construction standards are changing to address climate and extreme weather concerns. Local, State and Federal agencies are also working to update design and building requirements, a meaningful factor in the evolution of the standard of care for professionals in the industry.

Changes to building codes and construction standards

One of the most significant changes is an increasing focus on resiliency. Resilient buildings are designed to withstand extreme weather events and quickly regain functionality when damaged.

Specific changes include:

  • Higher wind load requirements: Buildings in areas prone to hurricanes and other high-wind events are compelled to withstand higher wind speeds.
  • Flood-resistant design: Buildings in flood zones are required to be elevated above the floodplain and to have flood-resistant materials and construction methods.
  • Wildfire-resistant design: Buildings in areas prone to wildfires are required to utilize fire-resistant materials and to create site features such as defensible perimeters and flame-resistant plantings.
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Free Webinar: Project Risk Engineering for General Contractors

Posted by & filed under Events.

Presented by:
Andrew Mendelson, FAIA, EVP, Chief Risk Management Officer, Berkley Design Professional
Timothy Brashear, P.E., Officer and VP, Construction Services, Rimkus

Thursday, November 2, 2023
10:00 a.m. to 11:00 a.m. Pacific Daylight Time
1.0 AIA Learning Units 
1.0 RCEP Professional Development Hour

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.

bdp Risk® lms login

This one-hour webinar was developed to provide participants with a working knowledge of the due diligence and risk engineering recommended practices for a robust and formal risk assessment, project selection, and risk transfer process for construction projects. 

A comprehensive risk engineering process is necessary to determine the bid, preconstruction, design development, construction, delivery, and warranty risks associated with a project and to enhance a contractor’s ability to achieve an on-time, in budget, fit for purpose, project delivery.

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Complimentary Webinar: Could This Happen to You? A Compendium of Claim Tales and Lessons Learned

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Complimentary Webinar: Could This Happen to You? A Compendium of Claim Tales and Lessons Learned

Presented by:
Diane P. Mika, Senior Vice President, Risk Management Officer, Berkley Design Professional
Cindy Russell, Assistant Vice President, Senior Claims Examiner, Berkley Alliance Managers
Michael Cecere, Assistant Vice President, Senior Claims Examiner II, Berkley Alliance Managers
Liz Molina, Assistant Vice President, Senior Claims Examiner, Berkley Alliance Managers
Derek E. Steffen, Assistant Vice President, Senior Claims Examiner, Berkley Alliance Managers

Wednesday, October 25, 2023
10:00 a.m. to 11:30 a.m. Pacific Daylight Time
1.5 Health, Safety, and Welfare AIA Learning Units 
1.5 Technical, Health, and Safety RCEP Professional Development Hours+

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.

bdp Risk® lms login

This program tells the tale of four claims. Each will be presented by a Berkley DP claims examiner who will set the stage by describing the project type, delivery method, and parties involved, followed by the problems that arose and technical factors that led to the claim. The resolution and lessons learned for each case will be revealed, including the impact of the design professionals’ errors and omissions on the project and its owners/users. These valuable insights will help participants examine and improve their business practices and project controls to avoid similar situations.

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Free Webinar with Deltek | Managing Project and Financial KPIs to Boost Firm Profitability

Posted by & filed under Events.

Presented by:
Andrew Mendelson, FAIA, EVP, Chief Risk Management & CX Officer, Berkley Design Professional
Megan Miller, Director, Product Marketing, Deltek

Wednesday, September 13, 2023
1:00 pm to 2:00 pm Eastern Time
1 AIA Learning Unit
1 RCEP Professional Development Hour

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

Register Now

Managing projects goes beyond just schedule and deliverables, but also requires a focus on project performance and profitability as well as the overall impact of the project to the bottom line. In this session, attendees will gain insight into top key performance indicators (KPIs), identify industry benchmarks for KPIs, and understand how to leverage the metrics to boost profitability.

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Free Webinar with Deltek | Developing a Risk Management Plan for Your Firm

Posted by & filed under Events.

Presented by:
Andrew Mendelson, FAIA, EVP, Chief Risk Management & CX Officer, Berkley Design Professional
Michael Heinsdorf, PE, Senior Director, Product Alliances, Deltek

Wednesday, August 9, 2023
2:00 pm to 3:00 pm Eastern Time

Register Now

Developing a formal risk management plan is an essential step in proactively protecting your firm from financial risk, and setting your firm up for success.

During this session, our Chief Risk Management Officer, Andy Mendelson, will join Michael Heinsdorf from Deltek with the key steps you can take to reduce your risk with a formal plan at your firm, and explain the importance of understanding what risks can be controlled through legal contracts and insurance products.

Session highlights:

  • Learn how to establish a risk management team to proactively identify, assess, and mitigate risk
  • Explore how careful project and client selection can significantly reduce potential risks
  • Gain insights into the importance of understanding the role of legal contracts and insurance products in managing risks effectively
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WTW A&E Webinar: Pre-Construction Services – Cure or Curse?

Posted by & filed under Events.

Presented by:
Andrew Mendelson, FAIA, EVP, Chief Risk Management & CX Officer, Berkley Design Professional
David Ericksen, Esq., Attorney at Law, Hinshaw Culbertson

Monday, December 11, 2023
11:30 am – 1:00 pm Central Time

Register Now

Andy Mendelson, executive vice president and chief risk management officer, will co-present alongside David Ericksen on a WTW A&E webinar, “Pre-Construction Services – Cure or Curse?”, on Monday, December 11.

Third-party review and comment on any design professional’s work product can be uncomfortable. It exposes the design to critique, second guessing and “alternative” views. However, it can also validate and improve the design before any deficiencies lead to economic harm and consequences.

Drawn from real-life cases in the media and courts, this program will highlight the potential risk and risk management opportunities emerging from third-party pre-construction design review by other design professionals, contractors and construction managers. In addition, it will offer corresponding strategies to help you successfully engage in those processes as the designer or the reviewer.

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Diane Mika Presenting at Society for Design Administration (SDA) EDSymposium23

Posted by & filed under Events.

Managing Risk Through Effective Contracts

Presented by:
Diane P. Mika, Senior Vice President, Risk Management Officer, Berkley Design Professional

Tuesday, June 13, 2023

Diane Mika, senior vice president and risk management officer, will be speaking at the Society for Design Administration (SDA) EDSymposium23.

Mika will present on “Managing Risk Through Effective Contracts” as part of the conference’s Project Administration Workshop.

More details on the event below.

***

Everyone practices project management. Whether getting a building out of the ground, planning a health care open enrollment, an office move, or working a marketing plan, the skills needed to reach your goal rely on project management:  budgeting, scheduling, communicating, and managing people. The role of the project administrator (PA) in managing A/E projects also requires an understanding of project phases, contract administration, document control, financial management, and risk management.

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Free Webinar: Real-Life Ethical Situations in Design and Construction

Posted by & filed under Events.

Presented by:
Mike Bilderbeck, PE, FASHRAE, Principal Emeritus, Chief Mechanical/Fire Protection Engineer, Pickering Firm, Inc.
Andrew D. Mendelson, FAIA, Executive Vice President, Chief Risk Management Officer, Berkley Design Professional
Jennifer Leach, PE, LEED AP, Associate, BR+A
Kristin L. Schaefer, P.E., PhD candidate, University of Houston, Schaefer Engineering 

Thursday, June 22, 2023
10:00 am – 11:30 am Pacific Time
1.5 AIA Learning Units
1.5 RCEP Professional Development Hours

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

Register Now

As construction projects, project delivery, and owner expectations become increasingly complex, it is more important than ever for design professionals to make proper decisions based on professional standards and codes of ethics. In this webinar, presented by a panel of experts, you will review the process of ethical decision-making and explore actual ethical situations and decisions rendered by review boards. 

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Be a Good Neighbor: Strategies to Mitigate Risk of Damage to Adjacent Properties

Posted by & filed under BDP Blog.

By Andrew Mendelson, FAIA
Executive Vice President, Chief Risk Management and CX Officer
Berkley Design Professional, a Berkley Company

May 9, 2023

One of the emerging 21st Century perils for design professionals, particularly for structural and geotechnical/CMT engineers and architects, is the potential impact of new projects on the condition and even the integrity of adjacent properties.

An architect or engineer’s legal duty is to their client according to the scope and terms of the professional services agreement as well as the responsibilities embodied in state statutes for licensed professionals. However, consideration should be given to adjacent property owners during the planning stages and efforts should be undertaken to protect against claims that could be made by other “injured parties” on adjacent properties.

In states where the applicable law embodies the principle of “joint and several liability,” disproportionate responsibility and financial exposure can be allocated to the design professional—even if their actions had very little to do with the cause of damages to an adjacent structure.

Trends in design and construction claims and litigation indicate the casting of an ever-widening net with plaintiffs seeking defendants with deep pockets, such as the professional liability insurance policy and the assets of a firm. Therefore, it’s prudent for design professionals to be proactive in managing risk with respect to potential exposure for damages beyond the property line of the project, especially in dense urban or suburban areas.

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