Tom Jensen, AIA Wadman Corporation Business Development

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1 Tom Jensen, AIA Wadman Corporation Business Development

2 ALIGNMENT

3 Miscommunications Happen Don t be Complacent.

4 SO, ARE YOU AT RISK? Early Years Never had a claim Competitor Just wait!!

5 CLAIMS HAPPEN!! In 35 years and 5,000 projects, only 50 potential claims 2 Errors & Omissions claims 3 unavoidable 45 resolved by early action

6 CLAIMS ARE EXPENSIVE... Average Cost/Time + Lost time + Lost Clients + Emotional Damage + Reputational Damage

7 CLAIMS HAPPEN LIKE DRIVING ACCIDENTS, IT S A PERCENTAGE GAME You can improve the odds by: Increasing Alertness Slowing Speed Wearing Seatbelts Driving Defensively

8 CLAIM CAUSES 45% 40% 35% Percentage of Claims Affected % 30% 25% 23% 24% 25% 27% 20% 15% 13% 16% 10% 6% 5% 0% Negotiation and Contracts Client Selection Project Team Capabilities Communication

9 COMMUNICATION ISSUES 51% - Lack of procedures to identify conflicts, errors and omissions 17% - Project issues and potential disputes not handled correctly 13% - Scope of services not explained to client 9% - Lack of documentation re: changes in scope, budget, etc. 6% - Project staff not aware of responsibilities 3% - Other 1% - Regular progress reports regarding changes not approved 80% of issues encountered over 30 years involved communications, bad clients, contract issues, scope creep, risky ventures, not technical issues.

10 1 ST STEPS IN A CLAIM Attorneys demand: Contracts Letters s All Documents All Electronic Communications (Facebook, Twitter, etc) Whatever was recorded off camera

11 AGREEMENT Letter of Engagement reference a standard contract Agreement Reviewed Record Minutes Correspondence

12 DOCUMENT EVERY DECISION Every decision needs to be documented and shared Whether formally or casually made, through text messages or voic s, even in conversations at a ball game. Follow up with written, clear documentation to all pertinent parties.

13 CIA Clear Inclusive Accurate

14 AVOID AMBIGUOUS LANGUAGE I saw a man on a hill with a telescope.

15 OVER COMMUNICATE!

16 WRITE NOTHING THAT CAUSES OR AMPLIFIES A PROBLEM

17 ASSUMPTIONS Clarify, Define, Restate They knew it would take longer They know we can t do it for that much

18 OVERSTATING/FALSE CLAIMS We ve never gone over budget. We ve done many of these. We have an expert in our office.

19 DEVELOP A COMMUNICATIONS PROTOCOL IN YOUR OFFICE Who gets communications? When? How? When are questions returned?

20 WEEKLY REPORTS TO CLIENT, INCLUDE TEAM MEMBERS Total Transparency Hold Nothing Back!

21 SELF-DECEPTION We are further than we are.

22 Tom Jensen, AIA, is an architect with over 45 years professional experience. Hailing from Wisconsin, Tom received his degree from Cornell University before moving to Logan, Utah in 1976 to design and manage the Logan Regional Hospital project for Design West. In 1980 he founded his own firm; this firm would eventually become Architectural Nexus and would grow to 185 employees at its peak with offices located, at various times, in Logan, Salt Lake City, St. George, Phoenix, and Sacramento. Tom retired from Architectural Nexus several years ago in order to teach architecture in the Middle East with his wife at the American University of Madaba in Jordan. He currently is doing business development at Wadman Corporation, a Utah General Contractor. Tom is also currently serving his second term on the Logan City Council. He previously served on the Planning Commission and helped lead various local planning efforts, including the Cache 2010 Strategic Plan, the Cache Initiative, Envision Cache Valley, and others. Tom was named the Total Citizen of the Year by the Cache Chamber of Commerce in 1994 and received the Community Service Award from the USU Community Associates in Tom has handled Risk Management for over 35 years. He reviewed and negotiated a large number of contracts, oversaw the management of potential claims, and took an active role in training staff on loss prevention. Outside of the firm, he has been an expert witness and mediator.

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