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| Ten Commandments Of Loss
Prevention |
| The Second Commandment: Do Not Become the Insurer
or Guarantor of the Success of the Project. |
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As a design professional, you
agree to perform your services in a non-negligent manner. The standard by which your
performance is judged is typically defined as "the reasonable and prudent (architect
or engineer) exercising usual and customary professional skill and care." Avoid
contract language which either: raises that standard of performance or makes you a
guarantor of performance.
- Frequently owners, particularly governmental entities, will ask you to perform
"in the best and most acceptable manner" or "in accordance with the highest
professional skill and care." This language increases the likelihood that a deviation
on your part will be the basis for liability.
- Frequently owners will ask you to warrant a certain aspect of your services; i.e.
compliance with codes and regulations, absence of hazardous substances, that the design
can be used for a stated purpose. This language makes you strictly liable for a deviation.
Thus, if you warrant compliance with the code and there is a deviation from the code, you
are liable even if the omission was one which a "reasonably prudent engineer would
also have made."
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