DPLE 101 Professional Liability Risk Management - RLI Design ...

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SB 972 SEPT. 2010 2782.8. (a) For all contracts, and amendments thereto, entered into on or after January 1, 2011, with a public agency for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any such contract, and amendments thereto, that purport to indemnify, including the duty and the cost to defend, the public agency by a design professional against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived . . . 34
CURRENT POST-CH2M-HILL CLAIM • CIVIL ENG ON TRACT DEVELOPMENT • NATIONAL BUILDER AND BAD CONTRACT • ONEROUS CLAUSE ON NEXT SLIDE • ENG BOUGHT FIRM/LIABILITIES ASSUMED • CARRIER HAS RESERVED RIGHTS • LARGEST PORTION OF CLAIM IS CIVIL • EARLY TENDER BY BUILDER
Page 1 and 2: “SAY BAH HUMBUG TO CONTRACTUAL IN
Page 3 and 4: Copyright Materials This presentati
Page 5 and 6: Learning Objectives Participants wi
Page 7: STATE OF BUSINESS • SOFT • FLAT
Page 10 and 11: INDEMNITY - DEFINED in-dem-ni-ty 1.
Page 12 and 13: INDEMNITY IS A 4 LETTER WORD!!
Page 14 and 15: INDEMNITY - COMMON LAW APPROACH Ind
Page 16 and 17: INDEMNITY - CALIFORNIA STATUTES The
Page 18 and 19: INDEMNITY - STATUTORY LIMITATIONS C
Page 20 and 21: INDEMNITY - CONSTRUCTION CONTRACTS
Page 22 and 23: CIVIL CODE SEC. 2782 Summary: • I
Page 24 and 25: “GNARLY” NEW CALIFORNIA CASES
Page 26 and 27: CRAWFORD V. WEATHER SHIELD (2008) 4
Page 28 and 29: UDC - UNIVERSAL DEVELOPMENT V. CH2M
Page 30 and 31: AB 573 SEPT. 2006 • ACEC-CA and o
Page 32 and 33: OTHER STATES - • Texas = Indemnit
Page 36 and 37: ONEROUS INDEMNITY CLAUSE LANGUAGE I
Page 38 and 39: SAMPLE INDEMNITY CLAUSE - PRIVATE E
Page 40 and 41: SAMPLE INDEMNITY AGREEMENT-FURTHER
Page 42 and 43: SOME THOUGHTS ON HOW TO DEAL WITH C
Page 44 and 45: CONTRARY INTENT WITH EXAMPLE… The
Page 46: Thank you! Questions/Comments? (Don

DPLE 101 Professional Liability Risk Management - RLI Design ...

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