Liability as addressed herein relates to professional liability. Liability occurs when the negligent act(s) of an individual or company results in damage or injury to someone else. Two essential elements necessary for liability to exist are: 1. Damages 2. Negligence...
What is the Meaning of “Liability” in a Professional Liability Claim
Liability as addressed herein relates to professional liability and does not include “strict liability”, which may apply to some design professionals. Liability occurs when the negligent act(s) of an individual or company results in damage or injury to someone else. ...
How Can Overdue Accounts Receivables be Minimized?
Accounts Receivable management is critical to the Consultant’s financial well being. Sometimes, when a Client isn’t paying its invoices on time, it can be “the canary in the coal mine”. While most Clients start out with good intentions of paying invoices in...
Why is a Construction Contingency Fund Needed?
Construction Contingency Fund is established to facilitate management of costs related to changes that occur during construction. Rarely are projects constructed without any change, almost all of which involve an increase in the contract price. Experienced and...
Why is an Issues Tracking Log Important?
Issues Tracking Log – An Issues Tracking Log is a tool used to communicate issues that need to be resolved, identification of the party whose responsibility it is to resolve the issue and the date by which action is required. While the need for the Issues Tracking...
Why Should Contracts that Contain A Contingent Fee Be Avoided?
Contingent Fee Contracts for professional design services are ones in which payment to the Consultant for his or her service is dependent on the actions of an entity other than the Client. A Client may attempt to tie payment of a Consultant’s fee to receipt of a...
How Can a Contract Breach Be Cured?
General Terms and Conditions, frequently referred to as “Boilerplate,” defines how the Client and Consultant will relate to each other in a business relationship without regard to a specific project. The following is a critical “Boilerplate” item that if not clearly...