Talk to me about A&E

In part two of the Good Rebuttals series, Dan Buelow continues the contract negotiation discussion with Michele Kane, Colleen Palmer and Mark Blankenship. The panel examines how architects and engineers can address consequential damages, liquidated damages and dispute resolution provisions while balancing professional liability risk, project fees and client expectations. The episode also explores mediation versus arbitration and practical approaches to rework clauses, including how to distinguish professional error correction from client-directed scope, budget or design changes. Listen to more episodes of Talk to Me About A&E and revisit part one for additional contract negotiation strategies for design professionals.

In this special contract negotiation episode of the Talk to Me About A&E podcast series, Dan Buelow, Managing Director of WTW A&E, is joined by three industry experts: Michele Kane, General Counsel (GC) for Hargrove Associates; Colleen Palmer, Risk Manager for Beazley; and Mark Blankenship, Director of Risk Management at WTW A&E. Together, they discuss contract provisions frequently negotiated by architects and engineers, sharing practical negotiation strategies, effective rebuttals and business-focused talking points that can help firms manage risk while supporting strong client relationships. In Part One of the Good Rebuttals series, the panel explores Duty to Defend and Limitation of Liability provisions, along with the fundamentals of effective contract negotiation. Listeners will gain insights into distinguishing deal breakers from deal makers, determining when risk should influence client selection decisions and establishing a consistent framework for evaluating contract language and making informed business decisions.

In Episode 42 of "Talk to Me About A&E," Contract Administration as a Risk Management Tool – Cornerstone #4, Dan Buelow continues his discussion with Mark Blankenship wrapping up this series with the 4th cornerstone of managing A&E risk with a discussion on construction contract administration.  Dan and Mark review the core responsibilities of the design professional when providing CA services and discuss best practices design firms should consider in order to effectively manage their risk when on the job site ranging from important contract considerations, documentation practices and communications with project team members and staff.

In Episode 41 of "Talk to Me About A&E," Dan Buelow, Managing Director for WTW A&E is joined by Mark Blankenship, Director of Risk Management for WTW A&E, for this discussion of the third cornerstone: communication and documentation. They discuss the importance of establishing and managing client expectations through effective communication practices, offering a range of examples and tips that can mitigate risk of costly claims and client disputes. 

In Episode 40 of "Talk to Me About A&E," Dan Buelow, Managing Director for WTW A&E is joined by Mark Blankenship, Director of Risk Management for WTW A&E, for a discussion on allocating risk by contract, which is the second cornerstone of managing design professional risk. The episode delves into the importance of contractual risk management and how it can help design professionals mitigate potential liabilities. 

In this Talk to Me About A&E podcast, Dan is joined by Mark Blankenship, Director of Risk Management for WTW A&E for this discussion on risk identification and evaluation.  This is the first in a four-part series on the four cornerstones of managing design professional risk and addresses important "go no-go" considerations and risk mitigation strategies every design firm should consider specific to client selection factors, project selection factors, project team evaluation and contracts.

In this Talk To Me About A&E podcast, we review the recently released ACEC Guidelines on the use of AI by Design Professional Firms.  Dan Buelow is joined by Mark Blankenship, Director of Risk Management for WTW A&E and co-chair of the sub committee on AI for the ACEC Risk Management Committee.  Dan and Mark discuss the inherent risks of AI when it comes to the design profession and important guidelines firms can adopt in managing this evolving technology – specifically: Governance and Approval Process; Sources and Tools and Guidelines for Practice.

In Part II of this series on the standard of care, Dan continues his discussion with Colleen Palmer and Lou Gale by reviewing specific examples of where contract language can elevate the standard of care – and advice on how to negotiate this language out of a design professional's agreement to ensure a balanced – and insurable agreement.  We also discuss how the standard of care is evolving and what design firms should be prepared for to mitigate their risk.  

In Episode 36 of "Talk to Me About A&E," Dan is joined by Colleen Palmer, Risk Manager for Beazley, and Lou Gale, GC for the architectural firm SCB, on the Standard of Care.  In Part I of this two-part series we begin the first question asked when a design professional is accused of negligence: What was the applicable standard of care - and was it met?   This discussion will include an overview of what every design professional should know when it comes to the standard of care, as well as how best to educate their clients and manage expectations through effective communication and documentation practices.  

In episode #35 of Talk To Me About A&E Dan Buelow talks to attorney Jeff Coleman from the Minneapolis law firm Coleman & Ericksen, LLC  about the professional liability risks associated with residential projects.  Residential Projects are considered one of the riskiest project types for design professionals when it comes to professional liability claims.  Dan and Jeff review the specific reasons why residential projects are so risky – especially condominium projects – and what proactive measures firms can take to mitigate their exposures to costly claims and client disputes.