Diane Mika Presenting at Society for Design Administration (SDA) EDConnect22

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Risk Management Essentials of the New Normal

Presented by:
Diane P. Mika, Vice President, Director of Risk Management Education, Berkley Design Professional

Tuesday, October 25, 2022

AEC firms are in a continual state of transition with new leaders emerging, senior leaders retiring, and executives planning for the future. The focus tends to be on improving core service offerings, often at the expense of the organization’s business aspects.  Whether working to develop next-generation talent inside a firm or positioning a company for potential acquisition, it is critical to evaluate and improve non-core areas, including professional development, strategic planning, marketing and business development, knowledge sharing, culture, and financial management. Attend this session and learn ideas for business improvement that will help develop your business acumen and position your firm for future success.

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Managing Risk through Effective Contracts (Live Online Class)

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Presenter:
Andy Mendelson, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional

Date: Wednesday, September 14
Time: 1:30 – 3:00 p.m. (Eastern)
1.5 Professional Development Hours

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

Not Available for the live online class? Pre-order the On-demand recording!

Your professional services agreement is an essential tool in managing your exposure to risk. An equitable contract fairly apportions risk, while an onerous contract can shift inordinate—and sometimes uninsurable—liability to you. The terms and conditions of the agreement establish the roles and responsibilities of the design professional and the client. The contract review and negotiation process provide you with an opportunity to set reasonable expectations with your client. And, in the event of a claim or dispute, your contract is the first piece of documentation the claims examiner will request. This workshop reviews the risk management fundamentals that underlie the development of effective contracts, the contract review process, and key clauses that impact your risk exposure.

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BDP Risk® Delivers Mutually Assured Success

Posted by & filed under BDP Blog.

By Diane Mika
Vice President, Director of Risk Management Education
Berkley Design Professional, a Berkley Company

At its simplest, insurance can be described as “a piece of paper and a promise.” Customers buy a
piece of paper (an insurance policy) and the insurance company promises to pay in the event there
is a claim.

It’s no secret that professional liability claims against architects and engineers can be expensive—both to the insurance company (cost of resolving claims and paying damages) and to the policyholder (paying deductibles). In addition to the hard costs of resolving a claim, design firms must also absorb the soft costs: lost staff time, lost opportunities, diminished relationships and increased future insurance premiums.

Therefore, the key to mutually assured success is mitigating claims. That’s where BDP Risk® comes in!

Our risk management education program provides relevant learning from the practitioner’s perspective coupled with the wisdom of decades of experience in the insurance industry. Based on a solid understanding of what factors and situations lead to claims against architects and engineers, our BDP Risk® training resources, materials and courses are designed to teach effective practices and strategies that can be put to immediate use to help customers avoid risk and reduce the frequency and severity of claims.

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How Can BDP Risk® Help You? Our Top 5 Concierge-Level Services

Posted by & filed under BDP Blog.

By Candelario Lopez
Senior Learning Management Specialist
Berkley Alliance Managers, a Berkley Company

August 11, 2022

Design professionals and agents are busy people.

Fortunately, Berkley Design Professional’s Learning Management System (LMS), BDP Risk® offers several services that can save them time when they need risk or practice management advice. Here are the top five Concierge-Level services for both design professionals and brokers.

Design Professional Policyholders

1. Anytime Access and Support
Policyholders can access the BDP Risk® LMS at any time from any device! For questions, about how to do something or to start a learning path, you can contact a real person at 831.293.6254. If you prefer, you can also email [email protected] and your request will be answered promptly. You are only a phone call or email from receiving our Concierge-Level services.

2. Course Recommendations
We take the guess work out of choosing the correct course by providing recommendations to assist you in meeting your risk management or licensing requirements. Simply ask!

3. Tailored Learning Plans
We have created Learning Plans for various stages of a design professional’s career to assist you in making the correct decision and eliminating the guess work. These Learning Plans contain the courses recommended to obtain the knowledge you seek and are organized in a specific sequence to maximize effectiveness.

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Complimentary Webinar: Alternative Forms of Project Delivery

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Presented by:
Arlen M. Solochek, FAIA, Consulting Architect, Former Vice-Chancellor for Development and Facilities, MCCCD, Phoenix AZ
Andrew D. Mendelson, FAIA, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional

Tuesday, August 23, 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

The purpose of this program is to compare and contrast construction delivery methods and implications for the design professional with insights from the owner’s perspective. It includes a thorough review of Design-Bid-Build, Construction Manager as Adviser (CMa), Construction Manager as Constructor (CMc, CMAR, CMGC), and Design-Build. For each of these delivery methods, the program will explore: the relationships of the parties and the contract structures; key features of the delivery method; practice and legal risk considerations for the design professional and owner; and wraps up with the benefits and concerns of the delivery method.

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Making the Go/No-Go Decision with Andy Mendelson | WTW A&E Podcast

Posted by & filed under News Releases.

In Episode 14 of the WTW podcast, “Talk to me about A&E”, Dan Buelow, Managing Director, Architects & Engineers practice, sits down with our Chief Risk Management Officer, Andy Mendelson, FAIA. Andy discusses the critical “Go No-Go” considerations every design firm should include when assessing a new project opportunity including project team capabilities, financial impact, contracts and client selection.

Listen to the Podcast Now!

The Benefits of Centralizing Your Claims and Risk Management Responsibilities

Posted by & filed under BDP Blog.

By Mark A. Froehlich
Assistant Vice President, Senior Claims Examiner
Berkley Alliance Managers, a Berkley Company

July 14, 2022

Centralizing claims and risk management responsibilities for architectural and engineering firms provides significant benefits. It saves time, reduces cost and improves outcomes.

Based on decades of managing complex architects and engineers professional liability claims, I recommend designating a specific individual as risk manager to supervise all claims and potential risk issues for your firm — regardless of the size of your firm.

I have worked with many architectural and engineering firms and I can confirm that having a designated risk manager in place is more efficient. Some firms establish a standalone risk manager role, while others assign risk management responsibilities to a firm leader.

Project managers are necessary to communicate details of specific project issues, but they are often too busy managing projects to also effectively manage claims. Alternatively, assigning this role to a firm leader or another designated person allows more efficient communication with brokers, insurers and attorneys.

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The Driving Forces Behind Rate Change

Posted by & filed under BDP Blog.

June 9, 2022

If you upgrade your Ford Focus to a Mustang before your next auto insurance renewal, would you expect to pay more? After all, you still only have one car. I don’t think anyone would be surprised to pay more in this situation. So why then do design firms and contractors get surprised by a premium increase when their annual fees/revenues remain the same, but they are performing work in different disciplines or doing different kinds of projects than last year?

The year over year exposure change is more than just a change in the rating basis. It’s the change in the firm’s entire risk profile. As a dramatic example, suppose a firm does $10 million of civil engineering work one year, but the next year that same firm does $10 million of structural engineering work. The firm will pay more in year two simply because they are engaging in a discipline with more risk.

This is the basic underlying concept of what actuaries mean by exposure-adjusted rate change. If the premium charged in the second year only reflected the move from civil work to structural work, the exposure-adjusted rate change would be zero. We fundamentally need to charge additional premium for the type of work that is more likely to give rise to more severe claims simply due to the nature of the work.

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Wherever Your Next Adventure Takes You, Have Peace of Mind with a Run-Off Policy

Posted by & filed under BDP Blog.

By Barbara Block
Assistant Vice President, Senior Underwriter

May 5, 2022

You’ve worked hard for many years. Started your own business. Weren’t sure if you would make it, but you did. And, you fulfilled your dream of being the owner of a design professional firm. Congratulations!

Now the beach – or mountains or lake – summon you. It’s time to relax and enjoy the fruits of your labor with family and friends. Put all the pressure and stress of owning a business behind you. You’ve earned it and deserve it. But there is one more thing that you have to take care of to protect your future – purchase a run-off policy from Berkley Design Professional.

We know, another insurance policy? I thought I was done with that process, you say. Unfortunately, not. You see, even though your firm has closed its doors, you could still be liable for claims alleging wrongful acts for the services provided prior to the closure.

To protect yourself, you should purchase a form of tail coverage. Tail coverage covers incidents (claims) that happened during the time your professional liability policy was active, but were not reported until after the policy expired.

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