Professional Liability Defense

construction-1717905_1280

Construction Industry Economics Respecting COVID-19 Mixed But Positively Trending

The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from American Institute of Architects (AIA) member firms located throughout the United States reporting on construction project activity the AIA refers to as “Work-on-the-Boards” (projects in the planning and design processes).  The data is compiled by the AIA’s Economics & Research Group, using a first-hand survey index from architectural firms as ...
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Legal Liability of Design Professionals for Failure to Adapt to Climate Change

Legal Liability of Design Professionals for Failure to Adapt to Climate Change

A publication for Thompson Reuters Journal of the American College of Construction Lawyers Journal by attorneys William Franczek in collaboration with other authors ...
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Attorneys At Law Norfolk in Virginia

Richmond Attorney Named 2019 Virginia Super Lawyers ‘Rising Stars’

Vandeventer Black is pleased to announce that one of its Richmond attorneys are among the 2019 Virginia Super Lawyers Rising Stars list. The Rising Star designation is awarded to top up-and-coming lawyers who are 40-years-old or younger, or who have been practicing for ten years or less: Ashley G. Moss, Professional Liability Defense Other awarding bodies have also recognized some of the Vandeventer Black's ‘Rising ...
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Vandeventer Black

Bad Company Corrupts Good Licenses

Poor business associations can jeopardize contractors’ and design professionals’ licenses Virginia regulations set forth a long list of “dos and don’ts” for contractors and design professionals.   Most of the prohibitions concern the contractor’s or design professional’s own conduct.  For example, contractors may not practice contracting without a license; they may not provide services using expired licenses; they may not submit bids to perform work without ...
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legal services

Who Benefits From Your Design Or Consulting Services Contract?

In initially answering the question of who benefits from your design or consulting services contract, you might conclude that your contract benefits several parties. For example, a contractor “benefits” from the quality designs of the architect’s design consultant in performing its work even though it was not a party to the contract between the architect and the design consultant. Similarly, an owner of a project ...
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World Trade Center Norfolk

Top 7 Sources Of Uncertainty In Building Design And Construction

Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven changes: Instances where the owner’s requirements were not clearly initially defined, or subsequently modified resulting in added costs, design/construction effort, ...
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World Trade Center Norfolk

Top 7 Sources Of Uncertainty In Building Design And Construction

Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven changes: Instances where the owner’s requirements were not clearly initially defined, or subsequently modified resulting in added costs, design/construction effort, ...
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Defend, Indemnify, and Hold Harmless – What Does this Contract Language Mean for A/E Professionals

One of your clients has probably proposed contract language that requires you to “defend, indemnify, and hold harmless” the project owner for specific (or not so specific) types of claims that might arise in the future. This language hopefully caught your attention raised some concern. But what do these words actually mean and why should you object? Starting at the beginning, a “duty to defend” ...
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Reporting Claims or Potential Claims...

Reporting Claims or Potential Claims…

All professional liability insurance policies require the insured to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage. When a policy is being renewed, the application will ask if the insured is aware of any claims or potential claims. Professionals often worry that notifying the insurer of a “potential claim” will result in higher ...
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The Trouble with Certificates

The Trouble with Certificates

Authored by attorney Douglas M. Palais Even though issuing certificates is an important part of the service that you provide to your customers, from an E & O standpoint, they must be handled with extreme care.  The following points are not comprehensive, but demonstrate a few of the specific risks and offer some tips to avoid these pitfalls. First and foremost, never generate information on ...
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Make Sure You're Covered: Report All Claims and Potential Claims

Make Sure You’re Covered: Report All Claims and Potential Claims

Authored by attorney Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage.  This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge of any claims or potential claims.  Professionals typically fear that notifying the insurer of a potential claim will result in higher premiums or even rejection ...
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Are Cyber Attacks an Act of "War" within the Meaning of Liability Policies?

Are Cyber Attacks an Act of “War” within the Meaning of Liability Policies?

Authored by attorney Douglas M. Palais This question cannot be answered definitively at this time, but should be considered carefully by all insurance professionals. Typical CGL policies exclude acts of terrorism and acts of war. In the past, it was relatively easy to define "war" as hostile military actions by nation states. But today, hostile actions – military and cyber in nature – are being ...
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Douglas Palais, Co-Author of Virginia CLE "Insurance Law in Virginia"

Douglas Palais, Co-Author of Virginia CLE “Insurance Law in Virginia”

Douglas M. Palais co-authored Chapter 2: Agents and Brokers of the third edition of the Virginia CLE's "Insurance Law in Virginia." For more information on this publication please visit the Virginia CLE bookstore ...
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Warranty Provisions Deserve Careful Consideration from Contractors

Warranty Provisions Deserve Careful Consideration from Contractors

Authored by attorney Casaundra Maimone It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project.  Nonetheless, attentiveness to warranty terms is especially important due to the fact that, after a product warranty expires, the Contractor’s workmanship ...
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Primer on Virginia's Data Breach Law: Part Two

Primer on Virginia’s Data Breach Law: Part Two

Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law.  You must now determine whom to notify, and this will depend on your relationship to the data.  Individuals or entities that own or license the breached computerized data must disclose the ...
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Primer on Virginia's Data Breach Law: Part One

Primer on Virginia’s Data Breach Law: Part One

Imagine that your laptop is stolen.  Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files.  As you contemplate the recovery of your business data, you should also think about whether your laptop stored personal information of employees or clients.  If ...
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New Restrictions on Mechanic's Lien in Virginia

New Restrictions on Mechanic’s Lien in Virginia

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs labor without a valid license or certificate issued by the ...
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