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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Retirement Planning for Design Professionals – Are Your Clients Covered for Professional Liability?

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By Barbara Block
Vice President, Supervising Underwriter
Berkley Design Professional, a Berkley Company

June 6, 2023

Retirement for a design professional doesn’t just happen, it takes careful planning and preparation. Having a transition plan, a buy-sell agreement, successor development and planning are all considerations, but one area retiring professionals may overlook is having adequate professional liability coverage.

Given the current climate of increasing litigation, simply relying on the design professional’s prior firm to maintain their professional liability insurance policy in addition to having necessary limits to protect their assets in retirement is not necessarily the best or safest option.

When it comes to professional liability coverage for architects and engineers, claims don’t just occur when the project is underway. Claims can arise years after the project is complete and if the design professional is no longer a named insured under their prior firms’ policy, problems can occur.

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

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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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Complimentary Webinar: Ethics for Engineers, Architects, and Other Design Professionals

Posted by & filed under Events.

Presented by:
Brian Sutter, ESQ. Managing Partner, Sugarman Law Firm LLP
Stephen Davoli, ESQ. Partner, Sugarman Law Firm LLP
Andrew D. Mendelson, FAIA, Senior Vice President, Chief Risk Management Officer, Berkley Design Professional

Tuesday, March 22, 2022
10:00 am – 11:15 am Pacific Daylight Time
1.25 AIA Learning Units
1.25 RCEP Professional Development Hours
Health Safety and Welfare 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.

bdp Risk® lms login

Ethical behavior is integral to the practice of architecture and engineering, necessitated by the professional’s duty to protect the health, safety, and welfare of the public. Making decisions and taking action can be complicated by ethical obligations imposed by multiple bodies: professional association codes of conduct, state practice acts, and licensing board requirements. Using professional association codes of conduct as a framework, this workshop offers a four-step process to make sound ethical decisions and explores real-life ethical cases to illustrate the challenges, dilemmas, and consequences of unethical behavior. In addition, participants will take away six key strategies to avoid ethical problems.

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