Agree to Comply?
Did you know that your insurance could be compromised if you agreed to comply with all laws, rules, and regulations? As with most design professionals liability insurance there is an exclusion for claims based on or arising out of your alleged liability under any contract or agreement except when such liability would exist in the absence of such contract or agreement. This means that agreeing to comply with all laws, rules, and regulations is agreeing to perform services that is beyond what is required of you under law. It could make you responsible for services that are not covered under your professional liability insurance. Have you received a request from the client’s lending institution to ‘certify’ that you designed and the project was built complying with all laws, rules and regulations? Again, if you have you risk a denial of your insurance coverage as this certification exceeds the standard of care. Visit the a/e ProNet website for the complete article by Eric O. Pempus, FAIA, Esq., NCARB, LEED GA.