To Sub or Not to Sub

Posted by & filed under BDP Blog.

March 14, 2023

To sub or not to sub, that is the question.

Should a firm retain a subconsultant that flows through them on a project, or should a firm let the owner directly retain the other design professional?

It’s probably not the first time that an architect or engineer has seen this question posed, nor will it be the last.

I raise this question not because it is an exciting topic, but because it is a very relevant claim scenario that I have seen time and time again.

Here are some things to think about:

  • Has your client considered what it would do if its subconsultant stopped responding to phone calls or emails?
  • What would happen if the subconsultant simply shut its doors without notice to your client in the middle of a project?

I know that a firm would not think this scenario would happen to them, especially if the subconsultant is a firm that your client has worked with in the past and has a good relationship with. But it happens.

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AIA Contract Documents Free Webinar | Top Five Risk Avoidance Strategies for Contractors

Posted by & filed under Events.

Presenter:
Andrew D. Mendelson, FAIA, Berkley Alliance Managers, EVP, Chief Risk Management & CX Officer

Date: Tuesday, April 4, 2023
Time: 1:00 – 2:00 p.m. EST

Register Now

Construction is a risky business, especially in today’s climate.  Attend a free webinar where expert presenters will review the top 5 strategies contractors can utilize to avoid and mitigate risk on their construction projects.  Presenters will discuss the process for contractors to develop company policies, processes, and protocols to facilitate quality control and financial success, including how to establish a standard process for authorship, review, and approval of proposals and contracts.  The importance of working with design professionals and subcontractors who have experience in the project type; promoting a safe and collaborative work environment; and encouraging thorough communication and sharing of best practices will also be explored during this session. 

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Holmes Murphy A&E Webinar Series | AIA Contract Documents: Insights & Impacts

Posted by & filed under Events.

Presented by:
Andrew Patton, A&E Technical Consultant, Holmes Murphy
Diane Mika, SVP, Chief Risk Management Officer, Berkley Design Professional

Thursday, October 19, 2023
12:00 pm – 1:00 pm Central Time
Registered for AIA Continuing Education Credits

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The newly released documents at the heart of the AIA Contract Documents program — the A201-related AIA Owner–Architect Agreements — are revised by the Documents Committee on a 10-year cycle. 

This session will provide insight into the AIA’s revision process. Subject matter experts and practitioners will share their experiences with all participants as they examine the newly revised Owner-Architect agreements. The program will prepare attendees to select appropriate AIA contracts for their project and practice, as well as to evaluate the suitability of alternative contract terms and language.

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Holmes Murphy A&E Webinar Series | From Scope Creep to Profitability

Posted by & filed under Events.

Presented by:
Paula Dixon, Senior Vice President, Holmes Murphy
Diane P. Mika, SVP & Risk Management Officer, Berkley Design Professional

Thursday, June 15, 2023
12:00 pm – 1:00 pm Central Time
Registered for AIA Continuing Education Credits

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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.

Join us for a workshop that will help you learn the triggers for change and how to manage the change process to maintain your client relationships — and your firm’s profitability.

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Free Webinar: The Root Factors – Growing Profit and Reducing Risk through Personal and Professional Empowerment

Posted by & filed under Events.

Presented by:
Jeffrey M. Hirst, Empowerment Coach, Professional Risk Advisor, Hirst Coaching
Diane P. Mika, SVP & Risk Management Officer, Berkley Design Professional

Tuesday, February 21, 2023
10:00 am – 11:30 am Pacific Time
1.5 AIA CES 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*

The purpose of this course is to teach personal and professional empowerment strategies to strengthen professionals, influence staffing, improve culture, increase performance, and reduce risk within design firms. Participants will learn these principles through a unique combination of design professional risk management practices and personal and professional empowerment strategies. This program helps staff at all levels of the firm, which can enhance the design experience, project outcomes and client satisfaction.

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Diane Mika Presenting at Human Capital Management Excellence Conference

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Mutually Assured Success: How to leverage external training to manage risk, boost learner engagement and educate customers

Presented by:
Diane P. Mika, Senior Vice President, Director of Risk Management Education, Berkley Design Professional
Adam Ballhaussen, Senior Director of Customer Education and Advocacy, Docebo

Tuesday, January 31, 2023
1:15 PM to 1:45 PM

When an action or system benefits all parties involved, it’s called mutually assured success. For example, when an employee education program helps people grow their careers and equips them with the skills that their organization needs. It’s a win-win.

Berkley Design Professional—a professional liability insurance company for architects and engineers—built an extended enterprise learning program that created mutually assured success for them and their clients. Policyholders who use the LMS make fewer claims, smaller claims, and renew their policies more often. Both parties are saving time and resources on claims, payouts, and deductibles.

Even more incredibly, these tailored learning programs were so compelling and effective that making them available to prospective customers helped Berkley close more deals, going from a conversion rate of 15% to over 90%!

Join this session to learn how Berkley DP’s team built and deployed their BDP Risk®️ learning platform with Docebo and their secrets and tips for exceptional results.

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What’s in a Name?

Posted by & filed under BDP Blog.

Why names matter on a professional liability insurance policy

By Cindy Russell
Assistant Vice President, Senior Claims Examiner, Berkley Alliance Managers, a Berkley Company

December 8, 2022

Let me introduce myself. My name is Cindy Russell; well, my full name is Cynthia Russell. Maybe you need to know my maiden name was Ellis. Why does all this matter? Depends on what you need it for: looking up my records at the doctor’s office (Cynthia Russell), if I’m calling the financial company that has my IRA (Cynthia Ellis Russell) or social media (Cindy Russell), for example.

For architects and engineers, it matters for insurance coverage, contract considerations and the name by which the public knows them.

A design professional liability insurance policy (and likely other types of policies) provides coverage for a specific firm name or names. If a claim is made against a firm name that’s not included on the insurance policy, coverage may not be provided for that claim.

Sometimes even a small difference has a big effect. For example, John and Julie’s Architectural Group is a Named Insured on a policy but it also uses the legal name of J&J Architectural Group in certain markets or maybe it used that name previously but changed it a couple of years ago. A claim is made against J&J Architectural Group and that claim is based on a project it took on under this alternate name or the prior name. However, this additional name wasn’t provided to the insurance broker (or the insurance company underwriter) so it’s not a Named Insured on the professional liability policy and because of this it may not have coverage for the claim.

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Free Webinar: Pre-Construction Services: Cure or Curse?

Posted by & filed under Events.

Presented by:
David A. Ericksen, Esq., Attorney at Law, Collins + Collins
Andrew D. Mendelson, FAIA, Executive Vice President, Chief Risk Management Officer, Berkley Design Professional

Thursday, December, 8, 2022
10:00 a.m. Pacific Time/1:00 p.m. Eastern Time
Submitted for AIA CES Approval
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*

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

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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Broker Webinar: Social Inflation – How it Impacts the Professional Liability Market

Posted by & filed under Events.

Tuesday, October, 25, 2022
2:00 p.m. to 2:45 p.m. Eastern Time

Presented by:
Steve Porcelli, President, Berkley Design Professional
Larry Moonan, Executive Vice President, Chief Operating Officer, Berkley Design Professional

What is social inflation and why is it important?

Social inflation is a concern in the insurance industry with societal and legal trends driving larger, more costly lawsuits – what does it mean for the professional liability market?

Join us for insights into the key drivers of social inflation that are contributing to escalating costs for insurers and policyholders and what it might mean to your book of business.

Register Now!