Session One

What keeps you awake at night?

Risk managers within the construction field face difficult and diverse risks – one of which is the responsibility challenges surrounding professional services. All parties to a construction project recognize the importance of effective risk management, and the financial consequences that often flow from misjudgments and professional lapses relating to design services. This panel of experienced construction risk managers discussed current issues of critical importance to design risks and how they might look to protect their firms from professional liability claims in the future.

Moderator:
Mark Peterson, Aon

Panelists:
Brigitte Roy, WSP
Ernie Edgar, Atkins
Tammy Pike, Kiewit

Session Two

Turbulent waters for design risk: project and corporate policies

This panel considered what alternatives are available to designers and contractors in the project professional liability arena. The panel examined such topics as:

• Are higher self-insured limits inevitable and if so, how are those risks equitably distributed?
• Is Rectification coverage sustainable?
• Are extensions to project policies viable in today’s market?
• Are Material Variation Endorsements helpful or a hindrance?

Moderator:
Ante Petricevic

Panelists:
Dawn Gournis, AXA XL
Ted Wickenhauser, McCarthy
David Hatem, Donovan Hatem

Session Three

Owners perspective: Real life or simply fantasy

Do owners understand the protection professional liability offers them? Should owners control Material Variation Endorsements? Owners Protective Professional Indemnity - a solution or just an additional cost? Should rectification and mitigation be excluded from project policies? Defense costs outside the professional liability policy limits?

Moderator:
Michael Earp

Panelists:
Jaap Vrolijk, Bechtel
Yukiko Kojima, Nossaman
Scott Nissen, Aon

Session Four

Geotech Risks: Whose land is it anyway?

Unidentified geological conditions are creating significant problems for engineers, architects and design-build contractors on both civil and building projects. Far too often differing site condition risks are being shifted via contract resulting in inequitable, and sometimes disastrous, results. This panel analyzed what you need to know to get “grounded” when submitting your bids, and how owners, contractors, and design professionals, may consider the incorporation of more equitable risk sharing provisions beyond reliance upon professional liability insurance.

Moderator:
Rodney Taylor and Terry Tennant, Aon

Panelists:
Louis Armstrong, Kleinfelder
Sam Rainey, McCullough P.C.
Juan Rodriguez, Ferrovial

Session Five

Collaborative procurement methods: Will they minimize professional liability claims?

This panel asked: Is progressive design build a better professional liability risk? How can Integrated Project Delivery be insured if there is no negligence between the parties? Is Collaborative Project Delivery real? How are third parties protected? What type of information risk sharing is required for professional liability insurers to be able to underwrite these risks?

Moderator:
Andrew Steneri

Panelists:
Marty Andrejko, BHSI
Aaron Bunner, Cleveland Clinic
David Mender, IBI