Managing Design-Build Risks From Design Through Construction

Posted by & filed under BDP Blog, News Releases.

By Gina Armbruster | Friday, August 23, 2019

Design-build has become a widely-used construction project-delivery method due to the ability to complete projects quickly and efficiently while also reducing costs. However, along with these advantages are the increased risks that can confront both contractors and design professionals throughout project lifecycles.

Contractors traditionally warrant and guarantee that their work will conform to the plans and specifications but do not warrant the design or the success of the overall project. On a design-build project, the design-build prime contractor is responsible for the project’s success as a whole and an owner may expect the contractor to warrant the project’s performance. As a result, the design-build prime contractor may have exposure for design errors and omissions on the part of its design professional consultant. 

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5 issues to consider on design/build projects

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Berkley Design Pro Design Build

During National Building Safety Month, keep these tips in mind when planning your design/build projects.

By Lawrence Moonan and Laila Santana

Property Casualty 360
May 20, 2019

It’s inevitable. Every project is bound to have a glitch or two. Big or small, there are far too many moving parts on virtually any job site to cover every issue.

These challenges have become even more glaring in an environment that increasingly employs design/build as a project delivery vehicle. Historically, when design/bid/build was the pre-eminent project delivery method, the roles of the design team and the contracting teams were clearly defined. Everyone knew where their responsibilities began and ended and there was little overlap. Unfortunately, that’s no longer the case as the lines between design and construction continue to blur. In addition, expediency is now a key expectation of the project owner, which increases the potential for professional liability claims to occur.

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Public-private partnerships and the design firm

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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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Society for Design Administration (SDA) National Convention | EDSymposium19

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Risk Management & You: Contracts, Communication, Collaboration

Pre‐Conference Workshop on Risk Management

Presented by:
David A. Ericksen, Esq., Executive Committee, Construction Practice Leader, Severson & Werson , Michael O. Edmonds, Vice President, Account Executive, Parker | Smith | Feek, Diane P. Mika, Vice President & Director of Risk Management Education, Berkley Design Professional

Thursday, May 16
7:30 a.m. – 5:00 p.m. PDT
The Davenport Grand Hotel
333 W. Spokane Falls Boulevard
Spokane, WA 99201

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A’19 AIA Conference on Architecture 2019

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Risk Management Essentials: Part One, the Design Firm

Presented by:
Andrew D. Mendelson FAIA, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional
Nancy Rigassio, Executive Claims Counsel, AXA XL
Michael Prifti, Principal, BLT Architects
Caitlin Sweeney

Wednesday, June 5, 2019
8:00 a.m. – 12 p.m. PDT
Program Code: WE105
Las Vegas Convention Center
3150 Paradise Road

Class Credit
 3.75 LUs/HSW/GBCI/RIBA

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AIA 2019 Contract Documents Insights & Impacts

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AIA Seattle

Presented by:
Andrew D. Mendelson FAIA, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional
Wolf Saar FAIA, Managing Director, VIA Architecture
Lindsey Pflugrath, Attorney, Cairncross & Hempelmann

Wednesday, March 20, 2019
8:30 am – 12:15 pm Pacific Standard Time
AIA Seattle
1010 Western Avenue Seattle, WA 98104

Class Credit
3 AIA LU’s, HSW

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

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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

Register Now

On paper, professional ethics seem simple—just do the right thing. But in the real world ethics can become very complicated for design and construction professionals.

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