To many A/Es, the words “building code” have a distinctly negative connotation. This is not entirely surprising – the words often come up in the context of an obscure requirement that no one can explain. Or even worse, two obscure requirements that appear to contradict each other. Nevertheless, being able to design to the applicable building code is a non-negotiable element of an A/E’s work. …

What makes it Good and Valuable?

From time to time, an A/E may be presented with a contract that starts off with the phrase “For good and valuable consideration, the parties do hereby covenant…” Alternatively, the consideration may be described as “mutually-agreed upon.” This begs the question – what is consideration? And what makes it good and valuable? …

Excess Versus Umbrella Insurance

Although the terms “excess insurance” and “umbrella insurance” are often used interchangeably, an excess insurance policy is not the same as an umbrella insurance policy. Both policies provide liability coverage, i.e. coverage that protects against claims of damage or injury to others or their property. …

Disputes over payment are seldom pleasant. They can be particularly unpleasant when a client claims that the work was in some way deficient or less than what was required by its contract, and refuses to pay the full amount of the contract. If the amount in question is large and the claim is unjustified, it may be worth taking legal action. Unless the client can prove that the work was less than what was contracted for, refusal to pay the contract price constitutes a material breach of contract. …