- Roswell, Ga. (November 11, 2019) –, Berkley Construction Professional, a division of Berkley Alliance Managers, a Berkley Company, introduces Faulty Workmanship Liability coverage that fits together with the ISO Commercial General…, About Berkley Construction Professional, Berkley Construction Professional specializes in construction professional liability and pollution insurance for construction-related industry exposures. Berkley Construction Professional is a…
- Roswell, Ga. (November 5, 2019) –, Ed Sheiffele, senior vice president at Berkley Construction Professional a division of Berkley Alliance Managers, a Berkley Company, will participate in a panel discussion detailing Real Estate…, protective professional indemnity, and project specific professional and pollution liability insurance policies. Ed Sheiffele has more than two decades of insurance industry experience. He has successfully established and led…, About Berkley Construction Professional, Berkley Construction Professional specializes in construction professional liability and pollution insurance for construction-related industry exposures. Berkley Construction Professional is a…
- Does a carrier’s claims philosophy really matter?, September 25, 2019 Have advances in contractors professional liability (CPrL) insurance policies created differentiation in the efficiency of claim resolution? In my mind, the answer is a…, Protective coverage, CPrL insurance carriers have incorporated into their policies protective language that facilitates and expedites claims resolution. The intent is to resolve disputes quickly during construction and…, Proactive coverage, An innovative coverage, proactive has, for all intents and purposes, bypassed the entire litigation process with respect to design liability. With proactive, a CPrL insurance carrier receives all…, Mitigation coverage, Mitigation of damages or rectification (mitigation) coverage has further benefited projects in need of prompt resolution of issues so that construction can continue. While mitigation coverage may…, Faulty workmanship coverage, The recent release of a new CPrL product offering non-negligence-based faulty workmanship is taking the evolution of coverage in an entirely different direction. This innovative coverage addresses…, Rough Notes, Reprinted with permission from the September issues of Rough Notes. © 2019 All Rights Reserved.
- August 23, 2019 Design-build has become a widely-used construction project-delivery method due to the ability to complete projects quickly and efficiently while also reducing costs. However, along…
- By Walter J. Adams, Jr. All contractors and subcontractors should be involved in mitigating risk. Risk is inherent with any commercial building project. From design and specification through…, Start with a cooperative approach, First, every project should encourage a cooperative approach that emphasizes the symbiotic relationships between the contracting and design teams. This includes well-defined, fairly-drafted…, It’s the coverup, Mistakes happen and can often range from the mismanagement of files and records to the late reporting of exposures. Once uncovered, such errors should be reported immediately to both the legal team…, By Walter J. Adams, Jr., Walter J. Adams, Jr., is vice president and senior claims examiner at Berkley Alliance Managers, a Berkley Company. He can be reached at [email protected] . DOWNLOAD PDF Read article in, PropertyCasualty360, Reprinted with permission from the February issue of PropertyCasualty360. © 2019 ALM Media Properties, LLC. All rights reserved.
- Streamline the design-build process with a solid strategy for choosing partners, By Andrew Mendelson FAIA August 8, 2018 Prime design consultants often have a great deal of project control and leverage. Unfortunately, such responsibilities increase the potential for…, 1: Establish a Rigorous Subconsultant Selection Process, The first step is the most important and involves the thorough review of subconsultant work histories, experience and backgrounds. This often includes the development of a checklist that covers:…, 2: Start the Process Early, Subconsultants should join the design/build process right from the start to become familiar with the owner’s project requirements and expectations. Early engagement promotes commitment and…, 3: Negotiate Well-Drafted, Coordinated Contracts, Subconsultant contracts are just as important as the prime agreement with clients. They must be consistent and coordinated with the prime agreement. To help avoid discrepancies, use standard form…, Scope of services, —Subconsultant agreements should define the services performed at a basic fee and those considered additional. Be clear about the subconsultant’s responsibility for construction site visits and RFI…, Schedule, —The subconsultant should submit a schedule for services and deliverables that is consistent with owner agreements. This includes a reasonable amount of time to review, coordinate and respond to…, Responsibility for design coordination, —The subconsultant should coordinate its own work, along with the prime and other consultants, and be solely responsible for the technical content and coordination of its documents., Right to rely, —The right to rely on the accuracy and completeness of services and information furnished by the subconsultant should be specified. Written notice should be supplied by either party who becomes aware…, Billing and payment, —Billing and payment issues are major sources of dispute. Typically, primes require subconsultants to accept a pay-when-paid or pay-if-paid provision to align payment obligations with the prime…, Dispute Resolution, —Dispute resolution terms, including venue and binding resolution methods, must be clearly stipulated within the prime agreement. There should be confidence in the entire design team working together…, Limitation of Liability (LoL), —Never give an LoL subconsultant unless they are included in the prime agreement. If there’s a $5 million claim arising from the sub’s negligence, but the sub is only liable for $500,000 because of…, Indemnities, —Indemnities should be mutual and based on comparative fault. The prime and subconsultant should agree that each party will reimburse the other “to the extent that each party is responsible for such…, Time limit for legal action, —This should be consistent with the prime agreement with the owner. Don’t give the owner 5 years to file a claim, while limiting the subconsultant’s liability to 3 years., Ownership of instruments of service, —Who will retain copyright and ownership of the subconsultant’s plans and specifications? This is a matter of negotiation between the prime and sub—and should be in alignment with the requirements of…, Confidentiality requirements/non-disclosure agreements (NDAs), —NDAs should be consistent with the owner-prime agreement. Owners have become increasingly protective regarding access to their confidential and proprietary information and may require protection by…, 4: Insist on Appropriate & Adequate insurance, Contractually require subconsultants to carry adequate insurance, including professional liability, commercial general liability, excess liability, commercial auto and workers’ compensation based…, 5: Institute a Comprehensive Approach to Project Planning & Design Coordination, A well-developed project plan will orient the entire design team to the known conditions, goals and requirements of the project. Conduct a comprehensive project initiation meeting so the entire…, 6: Implement Communication & Documentation Protocols, Prepare a written communication plan with ground rules that define what information is communicated to whom, by whom and how often. Be careful to establish a clear protocol if direct lines of…, 7: Watch for Signs of Trouble, Watch for warning signs like communication breakdowns or the failure to follow agreed-upon procedures. Take note if the subconsultant doesn’t keep pace with the design team’s schedule for progress…, 8: Conduct Post-Project Assessments of Your Subconsultants, Carefully assess performance throughout the project. Regularly review responsiveness, communication skills, technical expertise, teamwork, timeliness, quality of service and other project delivery…, Information provided by Berkley Design Professional is for general interest and risk management purposes only and should not be construed as legal advice nor a confirmation of insurance coverage. As…, DOWNLOAD PDF Read article in, Construction Business Owner, Reprinted with permission from the August issue of Construction Business Owner. © 2018 Copyright Cahaba Media Group, Inc. All Rights Reserved.
- Find the latest news and information about contractors professional and pollution liability from Berkley Construction Professional experts.
- Our Senior Vice President, David Pacifici, will be participating in a panel discussion, “Diving into the Changing Insurance Landscape & What That Means for Projects in the Pipeline” at the 2022…, Session:, Diving into the Changing Insurance Landscape & What That Means for Projects in the Pipeline, Presenters:, David Pacifici, Senior Vice President, Berkley Construction Professional Patrick Duke, Healthcare Project Advisory Solutions Leader, CBRE Keith Jurss, Managing Director, Marsh James Pappas, Vice…, Date and Time:, Tuesday, December 6, 2022 11:20 AM, Details:, What are the inherent challenges for insurance providers in insuring an IPD project team? Discussing what more IPD partners could be doing to help insurance providers gain the confidence and security…
- Andrew D. Mendelson, FAIA, Berkley Alliance Managers, EVP, Chief Risk Management & CX Officer , Date:, Tuesday, April 4, 2023, Time:, 1:00 – 2:00 p.m. EST Construction is a risky business, especially in today’s climate. Attend a free webinar where expert presenters will review the top 5 strategies contractors can utilize to…
- Presented by:, Timothy R. Brashear, P.E. ret., Officer and Vice President Construction Services, Rimkus Andrew D. Mendelson, FAIA, Executive Vice President, Chief Risk Management Officer, Berkley…, Thursday, November 2, 2023, 10:00 a.m. to 11:00 a.m. Pacific Daylight Time REGISTER NOW This one-hour seminar was developed to provide participants with a working knowledge of the due diligence and risk engineering…, Earn Learning Units, 1.0 AIA Learning Unit 1.0 RCEP Professional Development Hour REGISTER NOW , +This program is registered with the national AIA and qualifies for AIA Continuing Education Learning Units. This program is registered with the RCEP for Professional Development Hours. We do not…
