Free Webinar: Accessibility Issues in Design and Construction

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Presented by:
Andrew D. Mendelson, FAIA, Executive Vice President, Chief Risk Management Officer, Berkley Alliance Managers
Michael J. Cremonese, Esq., Member, Burke Cromer Cremonese, LLC
Scott R. Samolovitch, Esq., Associate, Burke Cromer Cremonese, LLC

Tuesday, February 6, 2024
10-11 AM Pacific
12-1 PM Central
1-2 PM Eastern

Register Now

This webinar addresses the legal and practical effects of the myriad accessibility laws, rules, and regulations on the industry. The webinar panelists will discuss the complex, overlapping statutory and regulatory framework that governs this area of law, and will review current cases from around the country. 

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Berkley Design Professional’s BDP Risk® Learning Management System Wins Gold in 2023 Brandon Hall Group Excellence Awards

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Monterey, Calif. (December 5, 2023) – The BDP Risk® Learning Management System (LMS) from Berkley Design Professional (BDP), a division of Berkley Alliance Managers, a Berkley Company, has won a Brandon Hall Group Excellence Award for Learning for the fifth consecutive year. This year’s Gold Award for “Best Advance in Custom Content” recognizes Berkley Design Professional’s success in increasing user engagement with the addition of learning plans tailored to specific roles or topic areas.

This highly-coveted honor, which recognizes self-paced, custom-designed online courses related to workplace learning, marks the sixth Brandon Hall Group Excellence Award for the BDP Risk® Learning Management System (LMS) program.

“BDP Risk® is a state-of-the-art risk management program and LMS platform that provides policyholders with valuable educational resources to help them prevent professional liability claims, improve management practices, enhance business performance and qualify for premium rating credits,” said Diane P. Mika, senior vice president, risk management officer at Berkley Design Professional. “By adding curated learning plans based on policyholders’ interests, experience level and role, BDP Risk® enables them to complete a series of courses suited to their professional development and risk management needs.”

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Celebrating a Decade Together!

Posted by & filed under BDP Blog.

November 14, 2023

As the leaves change and the year comes to a close, we find ourselves reflecting on the journey of Berkley Design Professional. As you know, this year marks a significant milestone for us – our 10th Anniversary!

A decade ago, we embarked on a mission to provide outstanding service and expertise in the A&E professional liability insurance industry. Today, we’re proud to have achieved and surpassed many of our goals, thanks to your support and trust.

A Look Back

Over the past ten years, we’ve faced challenges, celebrated successes and forged lasting relationships. From our humble beginnings to becoming an industry leader, our growth story has been nothing short of remarkable. We’ve introduced innovative solutions, expanded our reach and most importantly, served thousands of satisfied clients.

Our Gratitude

Our success would not have been possible without our dedicated team and you, our valued brokers. Your feedback, loyalty and partnership have been the cornerstone of our achievements. As we celebrate this milestone, we want to extend our heartfelt gratitude to each one of you. Your belief in our vision and services has propelled us to new heights.

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

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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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Berkley Design Professional Now Participating in the Deltek Marketplace Partner Network

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New Relationship Helps Bring Tailored Insurance Protection to Design Professionals

Monterey, California (August 8, 2023) — Berkley Design Professional, a division of Berkley Alliance Managers, a Berkley Company, is excited to announce it has joined the Deltek Marketplace. Now, it will be even easier for Deltek customers and prospects to learn about Berkley Design Professional’s specialized insurance products focused on the unique risk management needs of Architects and Engineers.

“This relationship enables Berkley Design Professional and Deltek to provide thought leadership in new, innovative ways that will help our mutual clients improve business practices, minimize risk and confidently build a better future,” says Larry Moonan, executive vice president and chief operating officer of Berkley Design Professional.

Berkley Design Professional’s coverage is specifically tailored to help protect firms from losses resulting from negligent acts, errors or omissions in the performance of professional services.

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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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Berkley Design Professional’s 10th Anniversary – Cheers to 10 Years!

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By Larry Moonan
Executive Vice President, Chief Operating Officer, Berkley Design Professional, a Berkley Company

April 17, 2023

April marks the ten-year anniversary of Berkley Design Professional and we couldn’t be more excited! Over the past decade, we have established ourselves as a leader in the A&E marketplace by providing outstanding service to our brokers as well as comprehensive coverage, risk management support and exceptional claims handling for design professionals across the country.

The past ten years have been filled with some challenges and many successes, but throughout it all, our brokers have consistently supported and encouraged us. Our brokers have enabled us to grow and thrive and we are grateful for their unwavering commitment to Berkley Design Professional.

When we first started out, our vision was to create a business that would meet the unique needs of design professionals. Our goal was to provide insurance coverage that was tailored specifically to the risks faced by architects, engineers and other design professionals. Over the years, we have been able to do just that, offering a range of innovative insurance products designed to meet their diverse needs.

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Berkley Design Professional Celebrates 10th Anniversary

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Monterey, Calif. (April 10, 2023) – Berkley Design Professional, a division of Berkley Alliance Managers, a Berkley Company is celebrating its 10th Anniversary of providing professional liability insurance for Architects and Engineers.

“This is an exciting milestone for our business. We thank our brokers and employees,” said Larry Moonan, executive vice president, chief operating officer at Berkley Design Professional. “Our success would not have been possible without their support and dedication.”

“As we look back on the past 10 years, we’re especially proud of our entrepreneurial company culture, innovative professional liability coverages, award-winning risk management services and excellent claim services that we’ve created,” said Moonan.

Since its inception, Berkley Design Professional has focused on innovative ways to serve the marketplace by expanding the products and services it offers. In addition, our in-house claims professionals provide responsive, high quality and personalized pre-claims assistance and claims management for our policyholders and brokers. Our robust learning management system, BDP Risk®, has received numerous Brandon Hall Group Excellence Awards for learning and training. Berkley Design Professional is also CertifiedTM by Great Place To Work® with more than 95% of employees reporting they are proud to say they work for the business.

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To Sub or Not to Sub

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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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