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.

(more…)

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.
(more…)

Berkley Design Professional Now Participating in the Deltek Marketplace Partner Network

Posted by & filed under News Releases.

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.

(more…)

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

Posted by & filed under BDP Blog.

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.

(more…)

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

Posted by & filed under BDP Blog.

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.

(more…)

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

Posted by & filed under BDP Blog.

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.

(more…)

Berkley Design Professional Celebrates 10th Anniversary

Posted by & filed under News Releases.

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.

(more…)

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.

(more…)

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.

(more…)

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.

(more…)