Risk Management During COVID-19

COVID-19 SPECIAL BULLETIN 10 Where Are We Now? A great deal has happened since the onset of COVID-19 – including the institution of a variety of provincial directives related to construction activity in Ontario. Of particular significance to architects has been the designation “essential” applied to a number of projects, allowing them to continue through […]
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COVID-19 Resources

We have collectively experienced many changes in our personal and business lives over the last year, and the situation continues to evolve. We deeply care about your success and financial well-being and, we recognise 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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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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Engineer’s Standard Terms of Engagement

Many architects are used to seeing an attachment to an engineer’s fee proposal titled “Standard Terms of Engagement” or similar. Sometimes these are signed and returned by the architect…often they are unread and filed away. Either way, they can be likened to a time bomb, waiting to explode when problems arise. Commonly, the text includes […]
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Indemnification Clauses

Many client drafted Client / Architect contracts include “indemnification” language that will expose the architect to obligations and liabilities that are beyond what are already the architect’s at law, and will therefore not be covered by professional liability insurance. The terms and conditions of the Pro-Demnity Policy (or any other insurer’s policy) determine whether coverage […]
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