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Q: What are liquidated damages? Are they covered by insurance? A: Liquidated damages are typically a penalty for late performance under a contract. The parties can agree that instead of filing a claim for delayed completion, an owner can recover an agreed upon amount...
Q: How broad is the coverage under my RLI Business Owners Policy (BOP)? Does it meet most contractual insurance requirements? A: RLI’s BOP is designed to meet most contractual requirements for the coverage. In fact, unlike other company’s forms, RLI’s BOP may include...
Q: My client requested that my workers compensation policy include a “separation of insureds” clause. What does this mean? Is this available? Is there an additional charge? A: A separation of insureds provision addresses the insurer’s obligations when multiple parties...
Q: My client has asked that I obtain hired and non-owned auto coverage. Do I have this already? A: RLI’s Business Owners Policy (BOP) typically includes hired and non-owned auto coverage, regardless of whether or not you own any company vehicles. This insurance covers...
Q: Our contract requires railroad protective coverage. Do I need to buy a separate policy? A: RLI built coverage into our standard Business Owners Policy (BOP) for work done within 50 feet of a railroad. For some projects, your client may agree that this coverage is...
Q: My client is insisting upon an unreasonable limit of liability in the insurance requirements of our contract. Can you help me negotiate this? A: There are various factors for you both to consider, including the type of client, state laws, the size of the project,...
Q: We received a contract with a very broad or undefined scope of services. How can we clarify that? A: In writing your scope of services, consider the following: What you are capable and legally qualified to do? What risks you are willing and being compensated to...
Q: I noticed that my contract uses some terminology inconsistently. For example, my obligations are referred to as both “work” and “services.” Is this a concern? A: It’s not uncommon for agreements to use the terms “work” and “services” interchangeably, especially...
Q: How can I explain to my client that any cost estimates that I might provide are not guarantees for a maximum price on the construction work? A: Some design professionals agree to provide cost estimates to their clients based on their professional experience with...
Q: If I agree to provide Construction Administration (CA) Services, am I agreeing to oversee construction? A: Most design professionals aren’t qualified to oversee construction. They therefore typically provide Construction Contract Administration services,...
Q: My client wants to eliminate Construction Phase Services from my scope of services. Does this affect my risk on the project? How can I address this? A: A client who decreases or eliminates a design professional’s role during the construction phase may...
Q: The contract proposed by our client references site inspections. I’ve been told in the past that this is inappropriate, but my client is insisting that I’m wrong. Who’s right here? A: It’s important to acknowledge that the term inspection may raise the...