Pro-Demnity Bulletins and Notices

The following Bulletins and Notices are available on the Ontario Association of Architects website:

OAA Member Log-in is required.

Here is a list of bulletins you will find when you log-in to the OAA site:

Plan Credit Bulletins:

2016: Plan Credit reduced for 2016. Premium increase continues for a third year

 Steady increase in defence costs a growing concern

 Includes: New Mandatory Limits of Liability

 Why defence and expert costs keep rising

 Research Project into Claims involving Engineers

 Elliot Lake Mall Inquiry Update

2015: Plan Credit constant for 2015. Premium increase continues for a second year

 Volatility of claims remains a concern with new challenges on the horizon

 Includes: Why defence and expert costs keep rising

 New challenges on the Horizon involving engineers

 Elliot Lake Mall Inquiry points to changes for architects and engineers

2014: Plan Credit returns for 2014 along with a premium increase

 Volatility of claims still a cause for concern

 Includes: Why defence and expert costs have been rising

Why defending a lawsuit is so complex and costly

2013: Plan Credit eliminated for 2013

 Increased claims numbers, costs result in minimal net profit

 Includes: Why are defence and expert costs on the increase?

Policy Changes:

– Important Notice: Modification to Non-Drained Exterior Wall Exclusion
December 31, 2016
Amendments to the wording of the Non-Drained Exterior Wall Exclusion
Includes suggested measures to avoid loss of water ingress coverage where a substitution is made or the architect’s design of an exterior wall assembly is not constructed as designed.

– Notice Re: Amendment to Professional Liability Insurance Policy Wordings
October 31, 2014
Impacts policyholders that purchase excess insurance above the insurance provided by Pro-Demnity

– Important Notice: Revisions to Infrastructure Ontario Endorsement
July, 2013
Amendments to the Infrastructure Ontario Endorsement exempting certain OILC I IO programs

– Important Notice: Non-Drained Exterior Wall Exclusion & Window Wall Endorsements
September 16, 2009
Includes modification to wording of the Non-Drained Exterior Wall Exclusion and a new Window Wall Endorsement.

– Important Notice: Infrastructure Ontario Endorsement
November 12, 2007
An additional Endorsement restricting coverage on Infrastructure Ontario projects

General Topics:

– Dealing with Substitutions to Your Design
December 31, 2016
Do not ignore substitutions made to your design against your advice or without your professional involvement or approval. A companion to the Important Notice: Modification to the Non-Drained Exterior Wall Exclusion, dated December 31, 2016

– Engineer’s “Standard Terms of Engagement”
April, 2015
Update of a Bulletin originally issued in April, 2013
Avoid agreeing to consultant’s “Terms and Conditions” that expose the architect to additional, uninsured liability

– You Have Insurance …But What About the Engineering Consultants?
April, 2015
Update of a Bulletin originally issued in October, 2008
Suggested requirements for engineers’ professional liability insurance

– Indemnification Clauses
March, 2015
Re-issue of a Bulletin from November 2005
Includes proposed contract wording to limit contractual liability to available insurance…

– Reporting a Claim
February, 2015
Advice on the procedure for reporting a Claim to Pro-Demnity

– Retaining Surveyors, Geotechnical and Hazardous Materials Specialists
July, 2014
Pro-Demnity policy provisions that apply. Refer also to OAA Practice Tip PT. 30

– Glass Used in Balcony Guards
July, 2013
New OBC provisions respecting glass used in guards

– Important Notice: Exceptional Risks Program
February 1, 2010

– Why You Must Understand “Claims Made” Insurance
October 2008
“Claims Made” insurance and the implications of such policies can be misunderstood by architects …

– Retention of Specialists to Meet Owner’s Obligations
April, 2008
Discontinued. ..Refer instead to OAA Practice Tip PT. 30, 2014.

– Protecting Yourself: What Can You Do When Your Client Doesn’t Follow Your Advice
April 2007
This bulletin discusses some of the options an architect might consider when a client doesn’t follow your advice …

– Request for “Claims Experience”
April 2006
Includes a sample letter to a prospective client who asks for “Claims Experience”

– Building Permit Applications After Implementation of Bill 124
March 2006
Includes advice and a sample “Agency Agreement” where an architect acts as an “Agent” of the owner respecting a Building Permit Application

– SNC-Lavalin ProFac Contracts …Where PWGSC is ProFac’s Client
September 1, 2005

– Bill 124… The day of Reckoning is Nigh …Are you prepared?
April 8, 2005

– Pressure Treated Wood Alert: Chemicals in Common Use and Corrosion of Metals
February 1, 2005

OILC / IO / ORC Contracts:

– OILC Supplementary Conditions to an OAA Document 600, 2008
July 25, 2014
Clause-by-clause review of the Ontario Infrastructure and Lands Corporation (OILC) Supplementary Conditions to an OAA Document 600,2008,
Footnote: OAA-SC2012 12 20

– OILC Master Agreement for Province-wide Architectural Services Vendor of Record
July 21, 2014
Summary comments on the OILC Master Agreement respecting Vendor of Record (VOR) services, including
Availability of clause-by-clause review of the Supplementary Conditions to OAA Document 600, 2008 forming part of the Master Agreement (dated July 25, 2014…see above)

– Ontario Infrastructure and Lands Corporation Contracts
April, 2013
An explanation of the impact of the merger of ORC into OILC / IO, the rebranding of ORC contracts as OILC / IO contracts and the impact on previous Bulletins and Notices

– ORC Consultant Contract: Retention of Surveyors, Geotechnical Specialists & Hazardous Materials Specialists
June 2011
The Project Management Service Provider (PMSP)’s contract appears to require the PMSP to provide this information to architects

– ORC Consultant Contract: Contract Review and Advisory
June 30, 2010
Summary comments concerning the Ontario Realty Corporation Consultant Contract (now OILC / IO Consultant Contract)

– ORC Contract Advisory
June 30, 2010
Clause by clause review of the Ontario Realty Corporation September 17, 2009 Supplementary conditions to an OAA Document 600, 2008 (ORC Consultant Contract, now OILC / IO  Consultant Contract…25 pages)

– ORC Consultant Contract: Clause GC 3.5
September 30, 2009
A warning concerning the potential consequences of the clause … The clause was subsequently deleted from the contract by ORC

Exterior Insulated Finish Systems (EIFS)

– EIFS Survey Report
November, 2008

– Building Code Commission Ruling Involving EIFS
November, 2006

Updated: Jan, 2017