New: Excluded Services Endorsement

Effective January 1, 2022, Construction Phase Architectural Services where the Architect is also providing the Delivery of Construction Services, are no longer covered. The Excluded Services Endorsement bolsters Architects’ provision of usual and customary services.
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Risk Management During COVID-19

COVID-19 SPECIAL BULLETIN 10 MATTERS DESERVING IMMEDIATE ATTENTIONGeneral Review and Site Visits Provincial government policy has allowed construction activity to continue at most construction sites during the COVID-19 pandemic. Some of the work has been deemed “essential” under government directives. Other projects have continued or commenced when provincial restrictions were relaxed. This intermittent construction activity […]
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COVID-19 Resources

We have collectively experienced many changes in our personal and business lives over the 16 months, and the situation continues to evolve. We deeply care about your success and financial well-being and, we recognize how the current challenges are directly and indirectly impacting your architecture business. Moreover, you rely upon us to provide vital professional […]
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Changes to allowable construction activities

Prior to April 17, 2021, s.43 of the O. Reg 82/20 provided that all construction activities or projects and related services were allowed to proceed in Stage 1 areas of Shutdown due to COVID-19. As of April 17, all of Ontario is in Shutdown and s.43 has been significantly amended, with the result that construction […]
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Claims Expense Contribution (also known as Claims Expense Deductible)

Effective April 1, 2020 Pro-Demnity Insurance Company will begin applying a Claims Expense Contribution (CEC) to a small number of Policyholders. The CEC will impose a new deductible on the Expenses involved in defending a claim, commencing at the point where the claim must be defended, whether through mediation, litigation, or other legal means.
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Client-Authored Contracts for Architectural Services

Risk Transfer Concerns with Insurance Implications The following draws on material originally developed by Pro-Demnity and its legal counsel, to assist the RAIC respond to questions arising from a presentation to a Senate Committee. The response to the RAIC captured many of the common concerns of architects related to Risk Transfer arising from client-authored contract […]
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Infrastructure Ontario Supplementary Conditions to OAA Document 600-2013

The most recent IO Supplementary Conditions to an OAA Document 600-2013 were issued by Infrastructure Ontario (IO) in June, 2017. As was the case with the previous amendments to the 2008 version of OAA Document 600, the new IO amendments are extensive, changing much of the original content. The OAA’s advisory document is available on […]
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Revisions to Non-Drained Exterior Wall Exclusion

Revisions to Non-Drained Exterior WallExclusion clarify that: An architect’s design that may have complied with the water ingress coverage requirements in a Pro-Demnity policy but was NOT constructed in compliance with the insurability requirements will NOT be covered for water ingress; For the purposes of determining water ingress coverage, “YOUR design” applies to an “as […]
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Dealing with Substitutions to Your Design

Recent research into claims arising against architects has confirmed that many involve substitutions to the systems and designs provided by the architect or its consultants. Although many substitutions factor in claims involving building envelope failures, substitutions to what the architect or engineer included in its design and specifications may factor in claims elsewhere in the […]
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You have insurance…But what about the Engineering Consultants?

SUMMARY: Pro-Demnity has recently seen a number of instances where the architect’s insurance has been called upon to pay damages for claims that were the responsibility of an engineer, because the engineer’s own insurance was insufficient. Architects must review the insurance of any engineering consultant they retain and establish required limits as a condition of […]
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