Managing Engineering Liability and Risk Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:45 pm
Lunch (On your own): 12:45 – 1:45 pm
Afternoon Session: 1:45 – 5:00 pm
Managing Risk with General Liability and M. Cosgrove
Professional Liability Insurance Coverage
Coverage provided by general liability vs. professional liability policies
Recognizing and responding to design professional claims
Risk drivers – understand economic trends impacting the design professions;
understand your clients’ needs and improve your firm’s quality of service;
explore how the AE and professional liability industries interrelate;
and reviewtechnical and non-technical causes of claims
Applying Risk Management Principles M. Meldrum
to the Practice of Engineering
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Reviewing risk management standards and techniques
Identifying strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Reduce M. Meldrum
(or Increase) Risk and Potential Liability
An overview of contract law and key concepts
Understanding contract formation and revision
Recognizing liability exposure under contract
Utilizing forms and standard contract documents
Reviewing standard contract provisions
and understanding their impact on risk
• Indemnification
• Guarantees and warranties
Minimizing Risk by Maximizing Compliance W. Dulaney III
with Rules of Professional Conduct
Complying with rules of professional conduct
• Objectivity and truthfulness
• Competency
• Confidentiality
Preventing conflicts of interest
Complying with rules on sealing of documents and plans
Preventing the unauthorized practice of engineering
Discussion of ethics hypotheticals/case studies
Promoting health and welfare vs. managing risk: complementary or conflicting duties?
Protecting the environment: meeting or exceeding legal requirements
Watching the bottom line: identifying and balancing economicpressures in design and construction
Integrating new technologies: identifying and balancing the benefits and risks
Reviewing ethics case studies and hypotheticals
Law of Professional Malpractice J. Cavasinni
Common sources of professional liability claims
Negligence (errors and omissions)
Other causes of action
Resolution of professional liability claims
Credits
This seminar is open to the public and offers 7.0 continuing education hours CPD hours to Ohio professional engineers. Educators and courses are not subject to preapproval in Ohio.
Engineers seeking continuing education hours outside Ohio will be able to claim the hours earned at this event, in most cases. Refer to specific state rules to determine eligibility. Indiana and New York do not accept course content that is specific to other states.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Joseph Cavasinni
Reminger Co., L.P.A.Reminger Co., L.P.A.Mr. Cavasinni serves as chair of Reminger Co., L.P.A.’s Construction Design and Liability Group. He is a degreed civil engineer with eight years of practical work experience in the road and bridge construction industry, including work as a project superintendent for a heavy highway general contractor, and owner of a consulting company specializing in polymer restoration materials. Since he began practicing law in 1995, Mr. Cavasinni’s practice has been devoted nearly exclusively to construction law, with a particular emphasis in construction litigation. He has represented owners, contractors, subcontractors, architects, engineers, and material suppliers in a variety of construction-related matters, including tort claims involving personal injury and property damage, architect and engineer error and omissions claims, construction defect claims, and mechanics’ lien, bond, and contract claims. Mr. Cavasinni has handled litigation matters in most state courts in Ohio, the U.S. District Courts for the Northern District and Southern District of Ohio, and the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. He is also a member of the Ohio State Bar Association and the Cleveland Bar Association, and he is a presenter for continuing education seminars on such topics as tort liability in the construction context and Ohio’s Mechanics’ Lien Statute.
Mike Cosgrove
Professional Concepts Insurance AgencyProfessional Concepts Insurance AgencyMr. Cosgrove serves as PCIA’s president and CEO. He has established a reputation as a “hands-on” problem-solver for his clients’ insurance programs and assists in training their staff in reducing their firms’ professional services risks. His services include risk evaluation and insurance placement, contract reviews and negotiations, assistance with mergers and acquisitions and international project pursuits. Mr. Cosgrove’s client services include in-house risk management seminars and risk consultation. He is very active in the professional associations of PCIA’s clients serving on numerous committees, chairing committees and donating personal time for the betterment of PCIA’s clients’ industries. He also serves as a trustee of the Michigan Architectural Foundation (MAF). Mr. Cosgrove frequently contributes editorials on risk management issues and regularly presents at professional development events. He is a past president of PLAN, the Professional Liability Agents’ Network consisting of national and international insurance professionals serving the AEC industry.
William Dulaney
Mann Dulaney, LLC, Powell
Mr. Dulaney has maintained a private construction law and real estate practice for over 25 years in the greater Cincinnati, Columbus and Dayton area. During this time he has represented design professionals, owners and contractors in the areas of construction, safety, labor, employment and government/agency regulation. He has represented clients before the State Board of Registration for Professional Engineers and Surveyors and has spoken before American Society of Civil Engineers (ASCE) Sections statewide regarding legal issues for design professionals. Mr. Dulaney received his B.S. degree in Construction Management from the University of Cincinnati, his M.B.A. degree from Xavier University and his J.D. degree from the University of Dayton. He is admitted to practice law before all state and federal courts in Ohio. He represents other professionals including physicians, pharmacists and nurses regarding licensure issues before their respective state regulating authorities.
Maria Meldrum
Sullivan, Ward, Asher & Patton, P.C.Partner at Sullivan, Ward, Asher & Patton, P.C. in SouthfieldMs. Meldrum focuses her practice in the areas of engineering and construction law and related transactional matters. Having worked as an engineer for over 10 years, she brings her knowledge and experience in civil design and project management to the practice of law. She has litigated and arbitrated contract, building construction, engineering design (structural, environmental, coastal, civil, mechanical, geotechnical), asbestos and building material, and project management claims related to industrial and commercial facilities. She has also assisted in litigation related to legal malpractice claims. Ms. Meldrum is a member of the American Arbitration Association Construction Panel and serves as an arbitrator on both small and complex matters. She is admitted to the bars in Michigan, California, and Arizona. She maintains her engineering licenses in California, Arizona, and Michigan.