Design-Build Risk and Insurance Table of Contents

Design-Build Risk and Insurance Table of Contents Design-Build Risk and Insurance (3rd ed.) Preface About the Editor About the Authors Topical Index Chapter 1: Design-Build Construction o The Design-Build Movement Drivers of Change o New Roles, New Relationships, New Responsibilities Integrated Teams Unified Processes o Impediments to Design-Build Public Procurement of Design-Build Services Professional Practice Impediments o Informational Resources Standard Contracts o Conclusion Chapter 2: Design-Build Risks o Pre-Contractual Risk Considerations Type of Project Owner's Objectives Structure of the Design-Build Team o Type of Cost Guarantee Lump Sum Payment Cost Plus Guaranteed Maximum Price o Legal Constraints on Design-Build: Licensing and Procurement Laws Licensing Issues Procurement Issues Teaming Issues o Contractual Considerations Design Liability Design Development Ownership of Documents Limitations and Waivers 1

Indemnification Owner Funding and Payment Cost of Work Safety Responsibilities Differing Site Conditions Termination and Suspension Dispute Resolution Chapter 3: Indemnity, Insurance Requirements, & Limitations of Liability o Indemnity Provisions Statutory Limitations Patent & Trademark Infringement Indemnity Tax Indemnification Hazardous Substances Indemnity Indemnities vs Warranties or Guarantees o Insurance Requirements General Liability Umbrella Liability E&O Insurance Property%2FBuilders Risk Insurance o Subcontract Requirements o Certificates of Insurance o Limitations of Liability Scope of Limitations Validity and Effect Chapter 4: Design-Build Claims--Case Law o What Is a "Design-Build" Contract? o Professional Licensing Requirements o Ownership of Design-Build Documents o Competitive Bidding Statutes o Design-Build Contract Bidding Relying on Incomplete Design Documents Relying on Subcontractor Bids Bid Bonds o Design-Build Performance Objectives Prescriptive Specifications vs Performance Specifications Warranting the Design and Work o Subcontractor Default o Liquidated Damages o Contractor-Subcontractor Disputes o In-House Design Subcontracted Design Delay Damages 2

o Change Orders o Insuring Against Design Deficiencies o Conclusion Chapter 5: Coverage for Professional Services in Traditional Policies o Contractor Insurance Program Builders Risk Insurance General Liability Insurance Architects & Engineers Professional Liability Insurance Surety Bonds Contractor Insurance Program o Summary Chapter 6: Contractors Professional Liability Insurance o Coverage Trigger Retroactive Date Notice of Circumstance Provisions Extended Reporting Period o Who Is an Insured Covered Persons o Covered Acts What Are Covered "Professional Services"? o Covered Damages Additional Coverages o Covered Territory o Policy Term o Exclusions Express Warranties or Guarantees Faulty Workmanship Damage to Owned Property Exclusion Contractual Liability Pollution Mold o Defense and Settlement of Claims Consent To Settle Provisions o Deductibles o Limits o Policy Conditions Notice of a Claim Subrogation Other Insurance Design Professional's Insurance Cancellation o Rating 3

Chapter 7: Architects & Engineers Professional Liability Insurance o Project Role Agent for the Owner Prime Contractor%2FDesigner (Design-Builder) A Sub to the Design-Builder The Importance of the A%2FE's Professional Liability Program o A%2FE Professional Liability Insurance Coverage Trigger Coverage Parameters Coverage Territory Covered Defense Costs and Settlement Procedures Exclusions o Professional Liability Insurance Application Other Insurance Jurisdiction and Venue o Coordination with Other Policies Underwriting Considerations Underwriting Guidelines Required Documentation Underwriting Peer Review Process Chapter 8: Project Professional Liability Insurance o The Blurring of Design and Construction Exposures o Professional Liability Insurance Solutions in Design-Build Design Professional E&O Policy CGL Policy and Associated Endorsements A&E E&O Policy Wording Modified for Construction Services Contractors Professional Liability Policy Project-Specific Professional Liability Policies Project Specific--A%2FE-Based Wording Approach Project Specific--Contractors Professional-Based Wording Approach Project Specific--Owners Excess Indemnification Approach o Professional Liability Coverages within a Project-Wide Context o Summary Chapter 9: Bonding Design-Build Projects o Overview of Bond Underwriting Process o Bonding Challenges in Design-Build Design Risk New Roles and New Relationships Lack of a Clear Scope Increased Completion Costs Performance Warranties o Surety Response to Design-Build Challenges 4

o Addressing Design Risk Addressing New Relationships and Roles Addressing Performance Warranties Conclusion 5