Available on 8/28
Client-drafted professional services agreements seem to get more one-sided with every new project. Engineers have become accustomed to negotiating uninsurable and unreasonable indemnity clauses and elevated standards of care, but recently, some different – and difficult – owner-drafted terms are making their way into contracts.
Join construction lawyers Eric Singer and Karen Erger as they identify these new and challenging clauses, describe their potential impact, and propose solutions and negotiating tactics for contract problems new and old. They'll review trending problematic contract terms, as well as terms that have always caused heartburn for engineers.
Wherever possible, Eric and Karen will share real-life contract language (with identifying details deleted) and claim scenarios for analysis and discussion. For each example presented, they'll explain the legal and practical implications for insurance coverage and claims and present solutions and negotiating tactics, with audience participation.
TAKEAWAYS:
- Identify one-sided and uninsurable terms in client-drafted professional services agreements
- Negotiate reasonable, fair, and insurable alternatives to overreaching clauses in professional services agreements
- Recognize new trending problematic contract clauses and craft effective strategies to negotiate alternatives
Eric L. Singer is a construction lawyer, litigator and Partner with Ice Miller, LLP in Lisle, Illinois. Eric concentrates his practice in contracts, insurance and counseling for construction and design projects, as well as disputes related to real estate, construction, mechanics liens, mortgages, title insurance, easements and injunctions. He represents architects, engineers, contractors, subcontractors, material suppliers, owners, lenders, title insurance underwriters and others in development, improvement and use of real estate. Mr. Singer received his B.A. magna cum laude from the University of Illinois and his J.D. from the University of Chicago Law School. Eric is a member of the ABA, ISBA and DuPage County Bar Associations, the ABA Forum on Construction Law, the Society of Illinois Construction Attorneys, and an Affiliate Member of AIA, AIA Chicago and AIA Northeast Illinois.
Karen Erger is Senior Vice President and Director of Practice Risk Management at Lockton, the world’s largest privately owned, independent insurance brokerage. Drawing upon her experience as a construction lawyer in private practice and as a claim supervisor for a major insurer of architects’ and engineers’ professional liability, Karen consults with Lockton’s architecture, engineering, and construction clients on practice management issues, including complex claims and contracts, and provides risk management training and resources. Karen is a sought-after author and speaker on risk management and claims topics affecting the design and construction community. She has presented frequently at national meetings of the American Council of Engineering Consultants (ACEC), the American Institute of Architects (AIA), and the Construction SuperConference. Karen is an active participant in the American Council of Engineering Companies (ACEC) Risk Management Committee, Chair of the Steering Committee of Division 3 (Design) of the American Bar Association Forum on Construction Law, a former Professional Affiliate Director of the American Institute of Architects of Chicago, and a former volunteer docent for the Chicago Architecture Foundation. Karen was elected to the Society of Illinois Construction Attorneys in 2015, and was awarded the ABA Forum on the Construction Industry’s Women and Minority Fellowship in 2012. Karen graduated Phi Beta Kappa from the University of Chicago at 20 years of age with a degree in Politics, Economics, Rhetoric and Law, and earned her law degree at the University of Chicago Law School. She is licensed to practice law in Illinois and Iowa, and currently serves on the Attorney Disciplinary Board of the Supreme Court of Iowa.