Navigating the complexities of Mergers and Acquisitions (M&A) involving design firms can often feel like trying to orchestrate a symphony amidst a pile of rubble. However, a beautiful symphony can be had with appropriate strategies and insights. It is of vital importance the firms involved have qualified legal and insurance assistance before beginning this journey.  Not all lawyers nor all insurance agents possess such qualifications.  This newsletter delves into the key insurance considerations of M&A and provides a guide to ensure smooth and successful transactions.  Failure to properly address these issues can result in significant, uninsured losses. 

Understanding the Basics

Indemnities: The Bane of Design Firms 

Mental Health Comes First in Risk Management 

The Challenge of a Hybrid Workplace for Architects and Engineers 

The following material is provided for informational purposes only. Before taking any action that could have legal or other significant consequences, consult with a qualified professional who can provide guidance tailored to your unique circumstances. 

Leveraging Telematics for Enhanced Fleet Management

When Trouble Strikes: A Crisis Management Guide 

 Regulatory Round-Up July 2024

US High Court to Weigh San Francisco Water Pollutant Limits Challenge

Engineering News Record reports on a case recently taken up by the U.S. Supreme Court dealing with water pollution. In 2019 the EPA and the State of California allowed San Francisco Public Utilities Commission to release pollutants into the ocean in violation of an ordinance passed by the City and County of San Francisco. https://www.enr.com/articles/58748-us-high-court-to-weigh-san-francisco-water-pollutant-limits-challenge

Regulatory Round-Up June 2024

US High Court to Weigh San Francisco Water Pollutant Limits Challenge

Engineering News Record reports on a case recently taken up by the U.S. Supreme Court dealing with water pollution. In 2019 the EPA and the State of California allowed San Francisco Public Utilities Commission to release pollutants into the ocean in violation of an ordinance passed by the City and County of San Francisco. https://www.enr.com/articles/58748-us-high-court-to-weigh-san-francisco-water-pollutant-limits-challenge

Positive Economic Outlook for Engineering Firms

When Your Client Says "Stop!"

The following material is provided for informational purposes only. Before taking any action that could have legal or other significant consequences, consult with a qualified professional who can provide guidance tailored to your unique circumstances.

The Importance of Understanding Payment Provisions

The material provided in these articles is for informational purposes only. Before taking any action that could have legal or other important consequences, speak with a qualified professional who can provide guidance that considers your unique circumstances.

Understanding payment provisions in design professional contracts is vital for a successful project. These provisions specify how, when, and how much professionals will be paid for their design services.

Navigating the world of Design Professional Liability claims can be intimidating. This article sheds light on five common mistakes that architects and engineers often make in professional liability claims. Understanding and addressing these pitfalls is paramount for those committed to delivering high-quality services.

1. Not Reporting

As an employer, if you have had a workers’ compensation claim you are probably aware of and keenly sensitive to your workers’ compensation experience modifier.  Not only does it have a direct impact on the cost of workers’ compensation insurance, but also having a favorable experience modifier is often required to work on certain projects.  Given the importance of the “mod” to your business, we thought it would be important to review some basic information about how it is calculated and equip you with some strategies for making sure it is at the lowest possible.

At the most basic level, your organization’s experience modifier is a measure of whether your organization is likely to have either more or less claims than another company performing similar operations based on claims history.  Having a low mod, below a 1.00, results in a credit on your workers’ compensation premium and having a high mod, or above a 1.00 results in a debit on your workers’ compensation premium. While the calculation is somewhat complex, knowing some key facts about how it is calculated can help your risk management strategy maximize its impact on your mod and workers’ compensation cost.

By Andrew Mendelson, FAIA
Executive Vice President, Chief Risk Management and CX Officer
Berkley Design Professional, a Berkley Company

By: Staci Brinson, Esq.
AXA XL Design Professional
Loss Prevention and Education

By Staci Brinson, Esq.
AXA XL Design Professional
Loss Prevention and Education

By Mark A. Froehlich
Assistant Vice President, Senior Claims Examiner
Berkley Alliance Managers, a Berkley Company