Synopsis
Risk management for design professionals truly is in a world of change. Changes taking place across the globe are creating a vastly different professional environment for architects and engineers as we move further into the 21st century. Of the new risks confronting design professionals, those of going green and meeting the sustainability requirements of contracts and new laws may prove to be among the most significant. Through the insights and experiences of some of the industry's most experienced practitioners, this book offers the reader a practical perspective on how to understand and successfully address these risks. Chapter 1 describes positive experiences of architects in designing with the goal of producing environmentally responsible projects. While there is much to commend green design, however, it produces risks that may impact legal liability and insurance, risks that are perhaps not well enough understood and appreciated. Several additional chapters explain how to recognize these risks and include thought-provoking claim scenarios that should be considered with regard to making the risk insurable. Significant new standard form contract documents have been published in the last couple years. There are chapters addressing the new American Institute of Architects, AIA B101-2007 documents as well as the new ConsensusDOCS and Engineering Joint Contract Documents Committee (EJCDC) contract documents. The chapters on the contract documents emphasize changes from the previous generation of documents and in particular how these changes may impact the risks borne by design professionals. The book then moves on to the risks arising out of Integrated Project Delivery (IPD) and Building Information Modeling (BIM). One chapter presents a comprehensive discussion dealing with the legal aspects of designing with BIM, and the risks arising out of BIM. This provides concerns that project owners, designers, and contractors should consider when using BIM and it offers practical guidance for addressing some of the key risks that will result from BIM. Another chapter addresses the opportunities and risks arising out of public private partnership (P3) construction projects. The authors of the chapter write from the perspective of having negotiated contracts and assisted on legal and risk management issues on numerous major P3 projects. The final chapters address the risks that are unique to international projects and in particular how to insure those risks. Authors that contributed chapters to this book include: Hugh Anderson, Ricardo Aparicio, Howard Ashcraft, Jerome Bales, John Binder, Matthew Coglianese, Heather DeBlanc, Mark Friedlander, Suzanne Harness, Kent Holland, Frank Musica, Brian Perlberg, Heidi Rowe, Simon Santiago, Stephen Taylor, Ujjval Vyas, and John Wilson.
About the Author
J. Kent Holland is the editor and a contributing author. He is a construction lawyer with the law firm of Construction Risk Counsel, PLLC, located in Tysons Corner - Vienna, Virginia. He provides legal representation for design professionals, contractors, and project owners. He is also the principal of Construction Risk, LLC, a construction risk management consulting firm, through which he provides assistance with contract drafting, contract review and negotiation, change order and claims analysis, claim preparation and claim defense. Mr. Holland publishes a web-based construction risk management library and legal newsletter. He is the author of six construction law and risk management books, and has had papers and articles published in numerous magazines and journals. He received his law degree in 1979 from the Villanova University School of Law.
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