PAST ARTICLES

Published in 2025

A Phrase that Every Design Professional Understands, We Hope – “Means & Methods”

The entire phrase - “The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work.” In the design professions, the phrase is abbreviated to “means…

Phishing Emails, Ransomware, and Liability: A Business Owner’s Cyber Checklist

Cyber threats have become an everyday risk for businesses of all sizes, not just large corporations. In fact, small and mid-sized businesses are increasingly targeted by cybercriminals because they often lack dedicated security infrastructure. Phishing emails, ransomware attacks, and data breaches…

Should a Prime Professional (A/E) Limit the Liability of their Consultants?

Before we answer the question, to start with, a Limitation of Liability (LOL) contract clause can go something like this. — The Design Professional’s total aggregate liability for any and all damage from any and all causes including but not limited to its breach of contract, error, omission,…

A/E’s Responsibility for Determining Non-Conforming and Defective Construction Work

We would like to think that a construction contractor’s work meets all of the requirements of a design on every project, but that does not always happen. Architects and engineers (A/Es) can include in their scope of services the responsibility of construction contract administration to include…

CHOICE-OF-LAW FOR DESIGN & CONSTRUCTION PROJECTS

In a general sense, you cannot choose which laws apply to you. You cannot unilaterally decide which laws apply and disregard (opt out) others. Laws are established by governing bodies (federal, state, local) and apply to everyone within their jurisdiction. However, in certain situations,…

Responding to Requests for Project Design & Construction Industry Proposals (RFPs)

In design professions and construction, owners solicit proposals for their projects from industry firms that they believe are qualified to do the work. This risk management article focuses on how to respond to requests for proposals (RFPs). But before discussing the response, some basic contract…

Negotiating a Project Owner/Design Professional or Construction Agreements & Contracts

Instead of listing the terms and conditions that are frequently contested in agreements, this risk management article focuses on the art of negotiating an agreement. There are numerous resources for negotiating agreements—books, podcasts, articles, websites, law school courses, etc. One thing is…

Good Public Relations for Design Firms is Good Risk Management

Successful public relations raises a design firm’s profile and reinforces its brand and market positioning, whether the firm is small, medium or large. This also applies whether the firm is newly established or has a long-standing practice of architecture or engineering. Each firm should have some…

Leadership is a Form of Risk Management in the Design Professions

Managing risks in the design professions requires effective leadership in the practice of architecture and engineering. Leadership in the practice can be defined as the ability to combine expertise, experience and ethics to lead a team to a successful outcome through positive actions, including: —…