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Spring 2011 Click Here for a Printable Version
Do Design Professionals Have a Duty To Defend Their Clients?
By John Droutsas, Architects & Engineers Managing Claim Executive at Travelers1.

With the economy in a recession and projects slowing to a crawl, design professionals are increasingly being asked to take on more risk and even to provide their clients with a defense if something goes wrong with the project. The question is, should design professionals agree to this?

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1 John Droutsas is a Architects and Engineers Managing Claim Executive at Travelers in Pt. Richmond, CA.

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'No Consequential Damages' Provision in Contract Can Be Used as a Defense
By Christian Carrillo, a senior associate at Morris Polich & Purdy, LLP. 1Solar

More often, owners are looking to recover lost profits, delay costs, and diminution in value from design professionals. Consequential damages such as these do not follow immediately from a breach of contract; rather, they are the consequences of the breach. But to be recoverable, consequential damages must be contemplated by the parties at the time of contracting. By inserting a "no consequential damages" clause into the contract, a design professional may protect themselves by demonstrating that the parties contemplated the risks and have agreed to allocate the risks away from the design professional.

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1Mr. Carrillo is a senior associate at Morris Polich & Purdy, LLP..

 

 


 

 

We hope you found this issue of Stamped, Sealed and Delivered to be informative and worthwhile. If you have any questions or comments regarding the articles in this newsletter, or would like to submit topics for future issues, please contact the editor, Dana Coleman Caparoso, at 732.205.9297 or at dcaparos@travelers.com.

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The suggestions contained in this publication are not legal advice and are not for the benefit of any other party. Implementation of any practices suggested by this document is at your sole discretion. Travelers disclaims all warranties, express or implied, and assumes no liability to any party for any damages arising out of or in connection with the information presented. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy issued by Travelers. It is not a representation that coverage does or does not exist for any particular claim or loss under any such policy. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy provisions, and any applicable law. Availability of coverage referenced in this document can depend on underwriting qualifications and state regulations.




This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers. It is not a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law. Availability of coverage referenced in this document can depend on underwriting qualifications and state regulations.

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