BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month April 7, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Negotiating Construction Liability Claims: Architects, Engineers, and Other Design Professionals

Evolving Theories of Liability and Defenses, Minimizing Risk Through Contract Provisions and Project Documentation

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About the Course

Introduction

This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effective contract provisions and project documentation.

Description

Innovations in project delivery models, including design/build, building information modeling, integrated project delivery, and green construction, have presented significant new challenges for design professionals and a varied landscape of potential pitfalls and claims.

Recent trends in the expansion of liability claims include an increase in fiduciary claims against architects and engineers. Claimants carefully parse the design professional's engagement letter for language that may be used to imply a fiduciary relationship.

Generally, third-party tort claims against design professionals for defective design are precluded by the economic loss rule. However, applying the economic loss doctrine to the construction arena is evolving, and court interpretation of the rule and its exceptions varies significantly from state to state.

Through careful contract drafting and negotiations, counsel can identify and minimize certain risks by clearly defining the scope of professional services, limiting liability to third parties, disclaiming warranties, requiring additional insured endorsements, and attempting to limit contract damages.

Listen as our authoritative panel of construction practitioners looks at the scope of risks facing architects, engineers, and construction design professionals and discusses recent case law developments in theories of liability and defenses. The panel will impart practical approaches to minimize the risk of liability through effective contract provisions and project documentation.

Presented By

John D. Broghammer
Principal
Sims Lawrence & Broghammer, LLP

Mr. Broghammer specializes in insurance coverage disputes and the representation of design professionals. His practice area has focused on civil litigation with emphasis on the representation of architects and engineers in construction defect litigation and the defense of public entities and corporations in landslide and flood claims. He advises and counsels design professionals in all aspects of contract preparation, risk allocation and insurance issues. Mr. Broghammer regularly lectures and writes on these items and how design professionals can work to effectively represent their clients while protecting their own interests for risk allocation, construction defect claims and contract disputes. 

Scott D. Cahalan
Partner
Smith Gambrell Russell

Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.

George R. Truitt Jr.
Partner
Cole, Scott & Kissane

For the past 26 years, Mr. Truitt has devoted his practice to construction litigation and risk management counseling, including the representation of design professionals in professional liability claims, developers, contractors, and subcontractors in construction defect, contract, inland marine (builder’s risk coverage and litigation) and lien enforcement claims, payment and performance bond sureties in public and private bond and subrogation claims and commercial general liability and professional liability insurers in coverage counseling and litigation. He also focuses on environmental bodily injury and property damage claims. Mr. Truitt is a founding member of the CLM National Construction Claims Advisory Board and lectures on various construction law topics, including risk management for design professionals and developers. He has presented to most major professional liability commercial general liability insurers and construction sureties on topics ranging from “Core Concepts in Construction Defect Litigation” to “Risk Management for Architects” and “Getting to Yes – Mutually Agreeable Counsel Under a Reservation of Rights.”

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 7, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of scope of risks in various project delivery methods

A. Design/build

B. BIM

C. IPD

D. Green/sustainable

II. Theories of liability

A. Contractual

B. Tort

C. Breach of fiduciary duties

D. Third-party beneficiaries

E. Trends in the expansion of liability

III. Defenses

A. Economic loss doctrine

B. Statute of limitations/repose

C. Comparative negligence

D. Trends in liability defenses

IV. Minimizing risk through contractual and project documentation


The panel will review these and other key issues:

  • How have project delivery models that integrate design professionals into the construction process impacted the scope of design professional liability?
  • What case law developments have resulted in the adoption of a fiduciary duty obligation for design professionals?
  • How is the economic loss doctrine being applied in the construction defect arena?
  • How can design liability for construction claims be minimized through strategic project documentation?