Answering “yes” to any of these questions may indicate that your client has a professional liability exposure.
Do you provide in-house design, with or without construction responsibility?
As a contractor, your client is responsible for the performance of any architects or engineers they employ and can be held legally accountable for their negligence.
Do you subcontract design services to other parties?
Your client may also be vicariously liable for the negligence of any architects or engineers they hire as subcontractors.
Do you participate in joint-venture projects with an architect or engineer?
When entering into a joint venture with a design firm, your client can be held liable for the negligence of their architects and engineers.
Do you provide agency or at-risk construction management services?
Acting as a construction manager who facilitates projects or advises project owners can expose your client to liability for their professional services.
Do you provide value engineering services?
By making value engineering suggestions, your client is offering their professional opinion and may be held legally liable for that advice.
Are you ever responsible for revisions to architectural or engineering designs?
If your client revises design plans without obtaining approval and re-stamped from the architect or engineer, they could become liable for the design.
Do you ever assume indemnification responsibility for negligent design in contracts with your clients?
If someone is injured in a building, the owner is liable simply because they own the building. By contractually agreeing to indemnify the owner for negligent design, your client assumes the responsibility for the owner’s liability.
To learn more, email design.us@victorinsurance.com or connect with your business development contact.