Risks: Design Firms and Contractors

While design firms and contractors work together on projects, what the firms do on the project are quite different.

The first area that architects/engineers should be aware of is in the contract.  The expectations of the architect/engineer should not be the same as the general contractor within the contract.  First, the scopes of services are quite different.  Secondly, your design firm should not be responsible for job site safety.  Additionally, architects/engineers should not be guaranteeing or warranting any work.

Another area that your firm should be aware of the differences between is with your insurance policies.  A general contractor’s general liability policy will include items such as exclusions for specific project types.  The general contractor’s policy might also include an endorsement for products and completed operations.  For design professionals the policy that covers your firm for ‘your work’ is your professional liability policy.  The general contractor’s general liability the additional insured language is quite common.  As with the professional liability policy does not allow for an additional insured.  A design firm may have a general liability policy, and, in that policy, the additional insured can be included but keep in mind the policy is very different from a general contractor’s policy.

As much as your design firm wants to help to get a project completed, keep in mind the scope of services will be very different than a general contractor.  Do not try to take on more than your scope of services because it can cause issues down the road.  Many times, design firms are the go-to on a project but when possible, direct the client to the general contractor.

If your firm has any questions with regards to design professionals’ roles on a project please call, or email, your Professional Underwriter agent for assistance.

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