Lawyers' Roundtable: Lessons Learned and Managing Project Litigation Risk
This session will earn 1.0 PDH
Abstract: This presentation consists of a roundtable with 3 lawyers sharing lessons that can be learned from their experience defending or otherwise handling claims against engineers. In other words, this presentation is about the practices and procedures that can help an engineer avoid litigation or, at the very least, be in the best possible position to defend itself should litigation ensue. This presentation will discuss the importance of meeting the obligations committed to in the contract and the implications of not meeting those obligations as well as why the obligations should be addressed and/or met even if it appears that the client may no longer be concerned with all of them. Engineers will explore ways to properly document their site visits and/or construction observation services through the use of reports and photographs and discuss possible areas of focus that are often overlooked. Finally, the presentation explores the tools available to an engineer after a problem, dispute, or claim arises and how and whom to communicate with regarding the problem, dispute, or claim. Each lawyer will describe an example from their practice that highlights one or more of the aforementioned topics. The examples will be detailed and the audience will be invited to provide comments and ask questions during each speaker’s presentation of his/her example.
- Identify contractual obligations that are often overlooked and what can be done to make sure those obligations are met.
- Understand what areas engineers should be focusing on documenting when engaging in construction observation services.
- Identify steps that should be taken when a problem, dispute, or claim arises.
- Understand that written communication, including emails and text messages, may be produced in the event of a claim.