PLAN PROFESSIONAL DEVELOPMENT WEBINARS

PLAN is proud to offer a series of Loss Prevention Webinars for the A/E/E Community. These Webinars are 90 minutes in length and earn attendees 1.5 AIA/CES learning units. Cost: $50 per Webinar, which includes one Webinar presentation and one test for earning the AIA/CES credits. Additional tests can be purchased for $25 each.

PLAN also offers live webinars 2-3 times per year.  Contact your PLAN Agent for details!

PLAN-151216 (December 16 2015)

TITLE: Whose Design Is It, Anyway? A Guide to External Design Influences and ‘Modifications’

DESCRIPTION: To paraphrase The Natural "Often there are two Projects—the one that is designed and the one that gets built after that." Even though the line between before and after gets blurred by alternate delivery models such as design-build and IPD, nearly all design professionals must deal with "outside" influences into their design. This seminar explores the true ownership of the design and project with emphasis on the documentation and contractual strategies design firms need to make work scopes clear and to properly allocate responsibilities. In particular, we'll cover shared, delegated, or usurped design issues such as RFIs/Change Orders, Shop Drawings/Submittals, Substitutions, Value Engineering, Design-Build and IPD/BIM.

PRESENTERS: David A. Ericksen, Esq.

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PLAN-151104 (November 4 2015)

TITLE: Design-Build: Friend or Foe? Perspectives on Design-Build Projects for Design Professionals

DESCRIPTION: The Design-Build program of project delivery is favored by many in federal and state governments and is growing in popularity in the private sector. The risks and rewards are quite different from the traditional Design-Bid-Build project delivery method and those unaware of these differences may receive an expensive, and unwanted, education. Design-Builders tend to be contractors, many of whom are unfamiliar with the limitations of A/E professional liability insurance coverage, and who are inclined to contract with A/Es as if they are traditional construction subcontractors. The purpose of our program will be to spotlight the Design-Build differences, provide guidance for proper client and project selection, and to identify contract terms that might compromise - or more nearly ensure - insurance coverage.

PRESENTERS: Stephen (Hobie) Andrews, James W. Walker

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PLAN-150729 (July 29 2015)

TITLE: Public Facilities – Public Liability: Design Exposure Containment With Contracts, Collaboration & Closure

DESCRIPTION: Projects designed for or subject to public access and use present unique liability exposures for design professionals. There is no controlling "contract" with such public users. Nevertheless, design professionals are often the potential target of liability claims when the public is somehow injured on the public premises – sometimes the designer may even be the only viable target for the claim. This seminar will evaluate the breadth and scope of the risk through multiple real world examples and then build a proactive and strategic model to contain and manage that risk through proactive contracting, construction administration, and project closure procedures. In fact, those models are and can be productively applied to almost any project type.

PRESENTERS: David Ericksen

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PLAN-150429 (April 29 2015)

TITLE: Current Claims Trends and Developments in the Design Professional’s Professional Liability Arena

DESCRIPTION: The presentation will be a general overview of current claims development in the design professional arena. Insurance companies are able to compile claims trending data for their insureds across the country and this presentation will provide a look into what types of claims are being generated against design professionals and discuss some risk management practices to help identify and mitigate these risks. It will also take a look at recent risk development for design firms and how insurance can play a role in managing these risks.

PRESENTERS: Kate Frownfelter, Esq.

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PLAN-141210 (December 10 2014)

TITLE: Successful Accessibility Compliance – Everyone’s Goal

DESCRIPTION: The Architect and design professional is responsible for coordinating a vast array of information into the finished project. Looking back over the design from a fresh perspective always helps us be sure our client's goals are met and we have produced a quality product. Access compliance is one of these elements not to be avoided. Missing it can be a costly challenge for years to come. Understanding it and meeting the needs benefits the client from several perspectives, ensuring the health, safety and welfare of the public and a job well done by the design team. We will visit an array of codes, ordinances and laws affecting accessibility and discuss procedures to better address compliance in your projects. Most of all, we can learn from challenges others have had over the years and gain from their experiences.

PRESENTERS: Michael Love, AIA

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PLAN-140924 (September 24 2014)

TITLE: A/E Stamping and Sealing: Satisfying Statutes & Standards of Care

DESCRIPTION: Among all professions, only engineers and architects seal and stamp their professional work product. It is a significant act with far reaching implications. However, practices in the use of the professional stamp vary widely from firm to firm and the standards from state to state vary just as much. This ethics based seminar identifies the importance of the act of stamping and sealing along with identifying appropriate standards and procedures for firms to apply in successfully involving multiple parties in a design stamped in by a single professional. This seminar builds from a real world case study wherein an engineer based in one state, reviewed and stamped design documents prepared in another state for implementation in construction in a third state. Handling such challenges correctly has important implications for client relationships, licensing and discipline, and ultimately potential liability for misrepresentation.

PRESENTERS: David A. Ericksen, Esq.

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PLAN-140618 (June 18 2014)

TITLE: BIM and IPD are Changing the World: Practice, Technology and Legal Considerations

DESCRIPTION: Architects and Engineers face new challenges in a changing industry where the construction contractor and design team may start working at the same time, under the same contract, and share the risks of design and construction; the owner expects the project team to build the building virtually, and error free, before construction begins; and tried-and-true disclaimers of accuracy in electronic files can't be used anymore. When properly implemented, an integrated approach to design and construction has many benefits in project delivery.

PRESENTERS: Andrew Mendelson, Suzanne Harness

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PLAN-140326 (March 26 2014)

TITLE: Developing Risks, Contracting Trends and Practice Pointers

DESCRIPTION: Construction projects come with a unique variety of risks and contract considerations that every professional in the industry should know. This webinar will provide a bird's eye view of what you can do to mitigate some of these project risks, incorporate maximum leverage into contracts, and understand the legal framework that governs contracts. You will walk away from the webinar with a set of real-life practice pointers and, hopefully, the knowledge to effectively apply them in your business.

PRESENTERS: Stan Beck, Jennifer Beyerlein and Andrew Gabel

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PLAN-131218 (December 18 2013)

TITLE: Improving Mediation Practices and Results – Applying the Principles to Complex Negotiations

DESCRIPTION: Mediation is a widely used neutral facilitated negotiation process which is now an accepted stage of nearly every claim resolution process and litigated case. Yet the considerable advantages of resolution of issues, disputes and claims through mediation are often not realized because of the failure of counsel and the parties who orchestrate the necessary conditions for a mediated settlement. Two experienced JAMS mediators share their thoughts on the best practices in mediation to achieve favorable results. Parties can also use these mediation and neutral facilitation negotiation techniques to resolve disputes with clients and other contracting entities before claims or litigation arise.

PRESENTERS: Alexander ‘Lex’ Brainerd & Lawrence Mills

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PLAN-130925 (September 25 2013)

TITLE: Contract Provisions: the Good, the Bad & the Ugly

DESCRIPTION: In this webinar we will discuss the importance of a well-drafted professional services agreement. We will talk about some of the critical provisions that should be addressed in all professional services agreements and consider the risk management implications associated with both poorly-worded and favorably-drafted provisions. In this webinar, we will explore the following topics: Scope of Services, Standard of Care, Indemnity, Incorporation by Reference, Limitation of Liability, Waiver of Consequential Damages, Dispute Resolution, Use and Ownership Documents.

PRESENTERS: Colleen Palmer

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PLAN-130522 (May 22 2013)

TITLE: Lessons Learned from Recent Court Decisions: Indemnification , Additional Insureds, Limitation of Liability, Dispute Resolution, IPD/BIM and Contract Issues

DESCRIPTION: Remaining abreast of recent court decision that affect design professionals is imperative in maintaining a healthy and thriving business. To help insure you are well informed of the current decisions, Mr. Holland will be addressing a wide variety of topics including: Economic Loss Doctrine, Indemnification, Site Safety, Duties to 3rd Parties, Integrated Project Delivery/BIM, Statutes of Repose and Statutes of Limitations and Insurance Issues. Case studies will factor heavily into the discussion and conversation.

PRESENTERS: Kent Holland




PLAN-130327 (March 27 2013)

TITLE: Going Global: Planning & Contracting for Success Across International Borders

DESCRIPTION: Living in the age of the global economy and the Internet age provides expanded opportunities for architects and engineers to work across borders, expand their horizons, and seize the opportunity for economic returns and professional satisfaction. However, it is not always an easy (or even wise) venture. Language, monetary systems, local codes and statutes, insurance, and liability issues can make it a precarious leap for those who do not do so wisely and strategically. In this webinar, our presenters will provide an overview of appropriate considerations and processes for the strategic evaluation and pursuit of international opportunities as well as the pragmatic tools to survive and succeed through contracts, project management, insurance, and vigilance. For those firms not currently planning to work internationally, many of these considerations also apply to expanding your practice into other states.

PRESENTERS: David Ericksen, Peter Molgaard and Joel Halverson




PLAN-121031 (October 31 2012)

TITLE: Document Retention – The Do’s and Don’ts

DESCRIPTION: This presentation is geared toward helping firms develop a better understanding of what documents are and how they can impact their business, both positively and negatively. We will explore document retention policies and the potentially adverse impacts of not following a policy or destroying documents prematurely.

PRESENTERS: Thomas Bongi & Brett Stewart




PLAN-120620 (June 20 2012)

TITLE: Contracts for Design Professionals – Troubleshooting Potential Contract Issues

DESCRIPTION: Participants will learn how to recognize troublesome contract provisions in order to minimize the risk of liability exposures. Participants will review how client generated contracts shift unfair risks to the design professional and how to revise these troubling contract clauses so they are equitable for both parties. Attendees with develop strategies for client negotiation skills on contractual matters that affect their professional liability.

PRESENTERS: Eric Pempus




PLAN-120523 (May 23 2012)

TITLE: Contracts for Design Professionals –Improving the A/E’s Agreement

DESCRIPTION: Participants will learn the fundamentals of contract formation, and how to implement tools and skills to improve their agreements with their clients to be reasonable and fair to all parties. In doing so, participants will learn how to develop contract clauses for professional services agreements that take into consideration the various risks and rewards in the design professions.

PRESENTERS: Eric Pempus

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PLAN-110622 (June 22 2011)

TITLE: LOL: Limiting Liability for Indemnity, Attorneys Fees & Other External Risks

DESCRIPTION: Design professional service agreements too often seek to transfer uncontrolled external risks to the design professional through clauses such as indemnity and defense obligations and/or prevailing party attorney's fees clauses. The combination of aggressive clients, the current economy and proactive courts have recently made this risk even more acute especially when demands and actions during the course of the project delivery also often dramatically expand these exposures. This webinar will identify and break down the hot spots for excessive expansion of responsibility for external parties and events and provide specific recommendations, strategies and tools to manage the project delivery exposures.

PRESENTERS: David Ericksen

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PLAN-101216 (December 16 2010)

TITLE: Successful A/E Collection Practices – How to Increase on-time Payments and Minimize Write-Offs

DESCRIPTION: Learn how to upgrade and energize your collections and payment recovery practices. Discover new project management negotiation techniques and administrative practices to reduce payment risks. Implement new internal practices to deal with slow-paying clients while at the same time preserving good client relationships and managing the risk of professional liability counter-claims.

PRESENTERS: Ron Leaders and Anne Smith

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PLAN-100916 (September 16 2010)

TITLE: A Structural Engineer’s View of VDC-BIM and IPD

DESCRIPTION: This program will discuss how Virtual Design & Construction–Building Information Modeling (VDC-BIM) & Integrated Project Delivery (IPD) have affected current and future professional and business practices of design engineers from the perspective of a structural engineer. The need to redefine practice and business models, how this process will be utilized in the future, and how and why design professionals should be taking advantage of the paradigm shift taking place in the design/construction industry will all be addressed.

PRESENTERS: R. Wayne Muir

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PLAN-100613 (June 13 2010)

TITLE: Ethics for the Design Professional

DESCRIPTION: Participants will learn definitions of ethics, ethical decision-making models and codes of ethics. They will discuss case studies and understand how companies apply ethics to sound business practices.

PRESENTERS: Tom Mullard and Elizabeth Mullard

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PLAN-100331 (March 31 2010)

TITLE: The New Waves – BIM, IPD and Lean PD

DESCRIPTION: BIM, IPD, and Lean PD promise new project results and paradigms. This session will separate the potential from the hyperbole to develop a practice model incorporating principles and tools to strategically assess the appropriate projects, clients, and teams for application of BIM, IPD, and Lean PD as well as the contractual and administrative tools to apply to those situations.

PRESENTERS: David Ericksen

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