Risk Identification and Client Selection
Tuesday, February 21, 2023, 1:30 - 2:30 PM Eastern

Review a sample project evaluator framework that contemplates the impact of the contract type, the fee and potential profit, the client, staffing issues, the firm’s experience and legal risk. You'll also discuss documentation of the project planning and project execution.

Contract Negotiation and Integration of Subcontracts
Tuesday, May 9, 2023, 1:30 - 2:30 PM Eastern

During this session:

• The guiding principles of the professional standard of care, the economic loss rule, and due process rights are identified as a framework for identifying favorable and unfavorable terms. Risk transfer devices including indemnity, additional insured status, waiver of subrogation and warranties are explained. 
• The importance of avoiding contractual undertakings such as a defend obligation, loser pays attorney’s fees, and agreeing to the highest standard of care is discussed. 
• Integration of subconsultant agreements is also discussed with a focus on flow down of standard of care, insurance and indemnification requirements.

Quality Assurance/Quality Control
Tuesday, August 8, 2023, 1:30 - 2:30 PM Eastern

During this session:

• Discuss collaboration and the value of a documented constructability review process. 
• The essential elements of project guidelines, continuing education, and information management are emphasized. 
• Peer review best practices are identified. 
• The value of a Project Reference Manual including construction administration guidelines, Division One specifications, the client agreement and client/contractor agreements is explained. 
• A survey of the most useful professional association forms is included, and the program concludes with a discussion of documentation practices.

During this session:

• The importance of identifying expectations and confirming those expectations in your contract is discussed. 
• Documentation of site visits focuses on remembering your purpose, avoiding responsibility for jobsite safety, and maintaining your professional integrity. 
• Recommendations for what to do if the contractor’s work is not in conformance are presented. 
• Site safety concerns are addressed. 
• Identify best practices concerning shop drawings and payment certifications.

As the Director of Risk Management for WTW A&E, Mark Blankenship uses his 25 years of experience in A&E professional liability to provide risk management advice and educational presentations to architectural, engineering and construction clients. In addition, he provides contract review guidance and claims advocacy support. WTW A&E is the Center of Excellence for WTW exclusively dedicated to providing risk management and insurance solutions to design professional firms in North America. Prior to joining WTW A&E, Mark served as Vice President for Liberty Mutual/Ironshore, where he was responsible for the team underwriting risks in the western half of the United States. Prior to underwriting, Mark was a broker for predecessors to WTW specializing in insurance products for architects and engineers. Mark began his career in claims, beginning with property and casualty claims progressing to lawyers professional and then architects and engineers professional liability for Design Professional Insurance Company.

• February 21 - Risk Identification and Client Selection
• May 9 - Contract Negotiation and Integration of Subcontracts
• August 8 - Quality Assurance/Quality Control
• November 7 - Construction Contract Administration