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© 2023 Architects' Claims Stories
Description
Architects' Claims Stories describe the events of actual case studies of professional liability insurance claims against architects, and are for the benefit of all architects, interns and architectural technologists in Ontario, Canada – and beyond. Each story recounts the circumstances of an insurance claim, inspired by, the 6,000-or-so, that Pro-Demnity Insurance Company has defended. The Stories have been fictionalized, to protect the identity of the parties involved. Every Claim Story features a unique cast of characters: the Architect, the client, the sub-contractors and others, whose circumstances are part of an unfolding drama, from the origin of the claim right up to the often-surprising outcome. Valuable lessons abound concerning the very factual risks – insured and uninsured – of everyday architectural practice.
11 Episodes
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It’s often been said that seeing is believing, and this is certainly true in legal proceedings. Ever since movies were first allowed into a courtroom, film and video have provided a reliable way of capturing reality and presenting it as evidence. Who knows how many people have been convicted or exonerated on the basis of images on a screen?In these two stories, Architects find themselves confronted by “video evidence” that may reveal either guilt or innocence. And neither is certain. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
It’s an infrequent mistake, but it happens: Consultants and projects are chosen unwisely, and the architect must assume responsibility for the consequences. In these two stories, those errors are about to doom the projects . . . until a second—extremely rare—phenomenon occurs: Fate steps in and saves the day. The odds of winning Lotto Max are about 33 million to one. The odds of your architectural project being saved by blind luck are in about the same range. We call this episode "Poor choices." Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
Many architects will tell you that some of their greatest professional rewards come from their relationships with their clients, working as a team toward a common goal. But occasionally, these relationships break down, and what starts out as professional affection deteriorates into outright animosity. It’s a fine idea to make friends of clients, and even clients of friends, but remember: business and friendship can sometimes make poor allies. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
“Trust but verify” is a diplomatic term that applies just as well to architectural practice. Give your team members enough space to exercise their own skills, but always maintain a discreet watchful eye. Lack of professional oversight contributes to several problems, and those problems lead to claims.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
In architectural practice, boundaries are critical. There are physical boundaries, professional boundaries and, what might best be called aspirational boundaries. In this episode, boundaries are badly defined, ignored, stretched and transgressed. Abysmal record keeping only makes matters worse.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
Under the various pressures of contract administration, architects can sometimes exercise too little care when issuing certificates. Inaccurate, false or misleading certificates are potential sources of claims.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
It sometimes happens that architects take on projects that require the skill and experience that only a specialist consultant can provide. It’s easy to fall into the trap of taking responsibility in areas where your knowledge, and your ability to control events, are limited. As these two stories show, when things go wrong, it may be the Architects who are held accountable.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
Architectural creativity often involves exploring new products, or in some cases, finding new uses for existing products. It’s expected that architects will make sure that these products are approved for their intended use, and that their installation or application will be carefully monitored. But be aware that the associated risks of experimenting with new products can be burdensome, and as the architects in these two stories discovered, the penalties can be severe.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
Episode 3 of Architects’ Claims Stories highlights two different situations where the clients’ desire for a grand architectural gesture results in a debacle for the architects involved. Physical and emotional injuries arise from Inattention to detail. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
A simple exchange of information, promptly delivered, duly recorded and correctly remembered, might have saved everyone a lot of grief. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
All three claims stories in this episode deal, in one way or another, with the consequences of an architect failing to maintain written records.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you’re an Ontario architect seeking guidance for a risk management issue. Thank you for listening.
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