Professional Development

We Can Do That, Right? Ethical Conundrums Facing Design Professionals – 12:00-1:00

1. Defining ethics in professional liability context
2. AIA Code of Ethics and Professional Conduct
   1. Canons
   2. Ethical standards
   3. Rules of conduct
3. National Society of Professional Engineers Code of Ethics for Engineers
   1. Fundamental canons
   2. Rules of practice
   3. Professional obligations
4. Steps to Ethical Decision-Making
5. Incorporating health, safety, and welfare in design contracts
   1. Roles of owner and designer
   2. Role of consultants
   3. Standard of care
   4. Insurance
6. Case Studies
   1. Apply real life scenario and discuss outcome
   2. Change facts of prior scenarios to determine if it mitigates or worsens the potential ethical issues

40 Years of Lessons Learned, Part I: The People, The Deal, and The Coverage       1:00-2:00 

1. The People
   1. Good Contract v. Bad Owner
   2. Bad Contract v. Good Owner
   3. Dealing with contractors
   4. Incorporating newcomers to the process
2. The Deal
   1. Executing a complete contract
   2. Accounting for the full scope of risk in price-setting
   3. Identifying deal killers
   4. Negotiating problematic contract terms
   5. Indemnity
3. The Coverage
   1. Pre-claim coverage
   2. Deductibles
   3. Policy limits
   4. Eroding policy limits and settlement
   5. Importance of timely reporting

Is There a Folder for That? E-Discovery Pitfalls and Tips for Design Professionals     2:20-3:20

1. 1. Rules for electronic discovery
   2. Best practices for maintaining project files
      1. Format for storage of documents
   3. Document retention policies
      1. Types of documents
      2. Length of retention
   4. E-discovery software and its uses
      1. Cost versus value
      2. In-house versus outsourcing
   5. Tips for dealing with unfavorable emails and other documents

40 Years of Lessons Learned, Part II: The Process, The Performance, The Problem, The Claim, and The Resolution – 3:20-4:20

1. The Process
   1. Delivery systems
   2. Design, bid, build
   3. Recognizing and adapting to mid-process changes
   4. Fast track projects
   5. Change orders
2. The Performance
   1. Design and contract administration
   2. Timeliness
   3. Completeness
   4. Coordination
3. The Problem
   1. Processes for issue-spotting
   2. Prompt reaction to problems
   3. Early resolution
4. The Claim
   1. What constitutes a claim
   2. Who you tell and don’t tell about a claim
   3. Who helps you with a claim
   4. Role of a client versus attorney
5. The Resolution
   1. Onsite fix
   2. Mediation
   3. Arbitration
   4. Litigation

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