Column and Beam

A blog for design and construction professionals.

Category: Risk Management (page 1 of 7)

Emojis, Emoticons, and Acronyms: Be Careful – The Meaning is in the Eyes of the Recipient…or Judge…or Jury

I recall the first informal use of an acronym I received in a business communication.  It was the summer of 2011 and I was working on a lawsuit where opposing counsel sent me an email that ended with “LOL”.  I was quite disturbed because although we had a congenial relationship, I thought it was a bit much for opposing counsel to close the email with “Lots of Love.”  I immediately printed out the email and took it to the attorney in charge of our office and explained my concern.  After laughing out loud, he told me that is exactly what “LOL” means.  Although I was embarrassed to display how far behind I was with communicating in the 21st century, part of me has always thought that my interpretation wasn’t that ridiculous.  In fact, in preparing this article, I did some quick research and found that today, “LOL” can mean “Laughing out Loud”, “Lots of Love”, and “Lesbian On-Line”.

Continue reading

Potential Claim? Give Your Insurer Notice ASAP.

Like all professionals, a significant expense in your annual budget is for professional liability insurance premiums.  Despite this, many firms often do not make good use of the coverage that they have purchased and paid for or –  even worse – jeopardize that coverage by failing to provide timely notice of potential claims.

Continue reading

Ten New Year’s Resolutions for Design Professionals

Another new year is here, and if you are like me, you try to make it a better year than the last.  I have been lucky enough to interact with architects and engineers every day for many years now.  While I love helping design professionals, I want to help avoid the stress and expense of disputes.  I have ten ideas for 2018 resolutions that you might consider to make your 2018 a better year.

Continue reading

What You Need to Know Choice of Law

You’ve seen it in many contracts, it is a contract clause that states something like:

This Contract is governed by South Carolina law.

You might have even debated with your client which state should be inserted into the clause.  Many architect, engineers, contractors – and even some attorneys  – do not understand the implication and importance of a choice of law clause. 

Continue reading

Subcontractors and Suppliers – Why Should You Send a Notice of Furnishing of Labor/Materials on Your Next Project?

On large construction projects, it is common for significant labor or materials to be supplied by lower-tier subcontractors and material suppliers – that is, entities who do not contract with the general or prime contractor, but instead contract directly with a subcontractor.  Without a direct contractual relationship, the prime contractor may not know the identity of all lower-tier subcontractors or suppliers.  As a result, the prime contractor may lack sufficient information to ensure that lower-tier subcontractors or suppliers have been paid before releasing payment to its subcontractor.  The prime contractor may first learn the identity of lower-tier subcontractors or suppliers when they contact the prime contractor claiming that they have not been paid for their labor or materials or when they file a mechanic’s lien or payment bond claim.

However, remote subcontractors and suppliers may avoid this situation by sending a Notice of Furnishing Labor or Materials to the general contractor before supplying labor or materials.  This provides notice to the prime contractor of the identity of lower-tier subcontractors and may help subcontractors get paid. 

Continue reading

Older posts

© 2018 Column and Beam

Theme by Anders NorenUp ↑