Navigating Risk:
What Practice Leaders Do

A fresh look at the facets of risk in architectural practice and how simple, methodical approaches help leaders (re-)evaluate risk. Risks inherently exist throughout the life of an architectural design project, rearing up intermittently throughout the beginning, middle and end, continuing years after and beyond the finished design or constructed architectural masterpiece.  Design innovation is […]
Thought Leadership Risk Management / Mitigation Risks

Lenders’ Undertakings (aka “Bank” or “Funder” Letter)

Since 2020, Pro-Demnity continues to receive increased calls from architects who are faced with an unfamiliar but seemingly harmless request from their client: to sign a form of undertaking addressed to a third party – most often to a lending institution or financial partner – that is providing funding for the project.  Architects seeking advice […]
Thought Leadership Documentation / Contracts

Why do lawsuits against architects take so long to resolve?

One of the best parts of my practice as a defence lawyer at Pro-Demnity are initial meetings with architects at the outset of a case. I find it fascinating to learn about the diverse projects being designed and delivered by practices across Ontario.  Of course, I am under no illusion that the feeling is mutual, […]
Thought Leadership Lawsuits Lawyers

The Architect as Expert Witness

As an architect, you may be asked to appear as an expert witness. The first thing you may ask yourself is: “What would I be getting myself into?” Many architects have wisely asked Pro-Demnity that same question. So here is a brief but hopefully illuminating answer that summarizes our guidance, while reminding you that, as always, every case is different.
Thought Leadership Architecture Lawyers

How to manage your clients and minimize claims

Once you’ve decided to take on a client, it’s important to be risk-proactive.
Thought Leadership Client or Sub-contractor Relationship Management Risk Management / Mitigation

My client was my friend, until they sued me

Fourteen guidelines for architects on how to deal with personal– professional relationships.
Thought Leadership Client or Sub-contractor Relationship Management Risk Management / Mitigation

Limitation Periods: Is an architect ever safe from litigation?

By the very nature of the profession, when an architect is sued, it has to do with a dispute centred on a building.  Since most buildings are designed to last decades or longer, does this mean an architect should remain fearful of litigation about each project indefinitely, or could they ever rest easy knowing the […]
Thought Leadership Claims-Made Insurance Claims-made policy Lawsuits Lawyers Risks

What Architects need to know about 30.10 motions

Imagine this scenario: a busy architect is out making a site visit when it happens: their phone buzzes and an email pops up from a colleague alerting them that legal documents were served on the firm at reception. When the architect opens the attached pdf, they see a bunch of legal documents, possibly under a […]
Thought Leadership Lawsuits Lawyers

Working together to keep water in its place

This is an abbreviated version of an article that was published in the Fall 2018 edition of Pushing the Envelope Canada, which is printed twice per year by Matrix Group Publishing Inc. for the Ontario Building Envelope Council. Portions of the original article have been reprinted with permission and may not be reproduced without prior […]
Thought Leadership Fire / Water Damage Risk Management / Mitigation