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About the Curriculum
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Fundamental Courses--Concepts in Risk Management
This course is the foundation for all risk management learning. Design professionals will learn the basics of identifying project risks and important ways to manage those risks to minimize unfavorable outcomes. Learn about the sources of project risk and gain a better understanding of strategic options in risk management.
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Cyber Liability
Design firms face an increased exposure to cyber risks and liability through an increased use and dependency on technology. Every firm should have digital protection protocols in place to minimize data breaches and manage those breaches when they occur. Firms can use this course to learn more about what they can do to get ahead of this issue and avoid the professional practice and overall business liability implications of this increasing digital threat.
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Evaluation of Projects and Clients
Design firms must carefully evaluate whether a project is really the best fit from a risk management perspective. This means projects should be evaluated from a number of perspectives, including whether or not the design professional can effectively add value during the planning, design, and construction phases. Similarly, the design professional must consider whether or not the project meets the firm's goals with respect to geographic location, project type, potential profitability, likelihood of disputes or problems, enhancement of reputation, and the prospect that the project will lead to future work. This course will support design firms in considering these implications.
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Insurance for Design Professionals
Insurance is a risk-transfer mechanism that is designed to allow an insured, for a price and under certain conditions, to transfer certain types of risk to an insurer. Without insurance, few, if any, construction projects could be undertaken on a prudent and financially sound basis. In this course, learn how an integrated, comprehensive insurance program is an essential component of a sound risk management program. For design firms, this should include professional liability insurance to cover the firm's liability in the performance of professional services.
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Lessons Learned--How Case Law Informs Prudent Practice
This course will review cases involving a number of issues affecting the health, safety, and welfare of the public. Course content will discuss licensure issues faced by individuals and firms engaged in multi-state practice; how courts interpret and apply contracts on construction projects to protect the rights of project participants; and the insurance available to design professionals to protect owners and the public in the event of negligence on the part of a design professional.
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Understanding the Value of Professional Liability Insurance
Professional liability (PL) policies are designed for a specific risk-the risk of loss caused by the negligent performance of professional services. Design professionals and their clients need to understand the unique features of the PL policy and how to effectively transfer the risk of negligent performance when specifying PL insurance requirements. This course will explain "claims-made" coverage, the extent of contractual liability coverage, and how broad indemnity obligations challenge coverage, among other topics.
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Intermediate Courses--Design Liability in a Changing Climate
Society faces rapid climate change and extreme weather events, and antiquated codes and standards do not adequately address the demands of climate volatility. This course can help design professionals understand their legal duty to meet an ever-changing standard of care while responding to climate change in a way that puts the security and well-being of users and the community above the immediate financial interests of the client to design to minimum standards. Design professionals must also understand the legal environment where foreseeability of harm and the duty to design to a higher standard of care may increase their professional liability exposure beyond their contractual liability exposure.
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Dispute Prevention and Resolution
This course will focus on success in preventing disputes and mitigating those that cannot be prevented through appropriate action when a dispute occurs. Managing the risks and consequences of disputes affects the ability of all parties involved on a project to put a capital asset in place. Disputes also risk delays, deficient design or construction, or project compromises that could impact public health and safety.
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Managing the Claims Process
Professionals who have had lawsuits filed against them say they would have been less anxious if they had known more about what to expect during the claims handling process. This course will familiarize firms with the sequence of events in a typical claim, and provide advice on how best to assist in defending the claim. It will also provide advice on what not to do. Having this knowledge can help firms obtain a greater sense of control and reduce the stress of a claim and its impact on their professional practice.
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Tailoring an Insurance Program for Your Firm Needs
This course will discuss those insurance policies unrelated to professional liability coverage that are essential in helping a design firm successfully manage the risk of unforeseen events. It will also discuss the role of cyber and privacy policies that provide coverage for business liability for a data breach involving sensitive information. At a time when firms are increasingly sharing digital information, firms need to understand their responsibilities to safeguard sensitive information and how cyber policies play a key role in protecting both the public and the client from harm.
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The Changing Rules and Continuing Challenges of Employment Practices
Firms need to appreciate their most important assets-their employees-and understand the importance of proper hiring, management, and, when necessary, disciplining or firing a staff member. This course provides advice on how firms can cope with the challenges of reducing employment issues and avoiding employee claims. It addresses the current rules and latest case law that guide professional service firms in their treatment of employment conditions and practices. From the necessary changes to accommodate same-sex spouses to the chaos surrounding the state and federal differences on marijuana usage, how firms deal with employment practices is becoming increasingly complex.