What’s New in Claims-What’s New in Claims Recording

Video Transcription

Video Summary

The presentation “What’s New in Claims?” by Nancy Ragazio and Nicole Mangino focuses on emerging trends and risk mitigation in professional liability claims against engineers and design professionals. Nancy, with 20 years of claims defense experience, and Nicole, an insurance and risk management expert, discuss key learnings including the impact of non-technical risk factors like communication failures, client selection, project team capabilities, construction phase services, and contract negotiations. They highlight that poor communication and inadequate project staffing significantly contribute to claims, exacerbated by economic cycles and recent labor shortages. Quality assurance issues and documentation deficiencies—found in 80% of claims—are emphasized as critical areas to address. New challenges stem from modular construction, design-build projects with stringent contract terms including liquidated damages, and increased complexity in BIM clash detection. The speakers note a surge in claims tied to larger, more complex projects and the shifting expectations that push design professionals toward stricter standards of care. Construction managers face increased owner claims due to delays and supply chain issues. ADA litigation is growing, driven by aggressive plaintiff activities and technical errors. The presenters recommend thorough client risk evaluation, enforcing clear contracts, maintaining detailed documentation, implementing strong QA/QC procedures, fostering open communication, and early collaborative engagement among project parties to manage and mitigate risks effectively in today’s evolving claims environment.

Keywords

professional liability claims

risk mitigation

engineers and design professionals

communication failures

project team capabilities

quality assurance

modular construction

design-build projects

ADA litigation