Tag Archives: risk avoidance

Tues Tip: How NOT to give a deposition

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In the off chance that you are sued, you will inevitably have to sit for a deposition at some point. This is a time when, under oath, you are asked to give testimony to the other side’s lawyer. Some depositions are easier than others. Found a little gem on youtube that I thought I’d share as an object lesson in how *not* to give a deposition. The video is about 1 minute long and is worth it to sit through to the end. (Warning: video contains cursing at end, so don’t watch if that offends):

Comments? Questions? Thoughts on how his angry outburst completely destroys his credibility?  Comment below.

Insurance Physical: worth the check up!

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check up

An insurance "check up" can keep your business fit & healthy

Recently I was contacted by a blog reader– let’s call him Mark–  who suggested that I write a post on reviewing insurance policies. “Mark” shared a personal story in which, even though he had incorporated his business, he was sued personally under a “piercing the corporate veil” theory.  Essentially, the plaintiff was trying to get at his personal assets.  After reporting the claim to his insurance agent, he discovered he may not have had sufficient insurance coverage.  He did not have a D&O policy, which can provide protection for a corporation’s directors and officers.

Contrary to insurance being just another item to scratch off your list, take some time to review your insurance policies and see if you have the coverage you think you have, and if there are other coverages which you might need but have not yet obtained.  In addition to D&O policies, there are E&O (errors & omissions) policies for design professionals, CGL (commercial general liability) policies, builders’ risk policies, workers’ compensation policies, and umbrella policies, to name a few.  The language and endorsements in your particular policy are important, and it is worth taking time (perhaps annually) for an overall insurance-health checkup.

You should make sure that your insurance agent knows your business and the possible risks.  An insurance agent that specializes in your type of business is your best bet to ensure that you obtain and maintain full coverage.  In addition, it is a good idea to have your policies reviewed by your construction attorney, so you can learn exactly what is—and what is not—covered. 

Next week (on Wednesday), we will have a guest post on how indemnity language in your contracts can limit (or eliminate) your insurance coverage.  Stay tuned.

In the meantime, questions or comments about insurance for construction and design professionals?  Join the conversation in the comment section, below.  And if you haven’t already, please take my quick, 10 question Blog Survey.

Photo Courtesy of U.S. Army. 

Help me help you!

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Feedback is always a good thing!

Want more of what you love on this blog, and less of what you don’t?  Then help me help you!  I have created a very short, 10 question survey to learn what topics you want to see covered, how often you like me to post, and related issues.  10 questions, 10 minutes, priceless opportunity.

Go HERE to complete the survey. 

And thanks, in advance.

 

Photo “The Most Curious Customer Feedback Survey I Have Ever Seen” by boltron via Flickr/Creative Commons License.

Contractor working in neighboring state? Read these blogs! (Tues Tip)

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glassesWant more construction law?  Want to read about case and statutory developments in other southeastern states?

If you work in one of North Carolina’s neighboring states, check out the Blogroll  for blogs written specifically by construction attorneys practicing in Virginia (Chris Hill & Tim Hughes), South Carolina (Clay Olson), and Tennessee (Matt DeVries).

While you’re there, check out all of the other fine bloggers too.  There is a lot of good information being volunteered by folks across the nation to help you as you encounter legal issues in your construction business.

Am I missing somebody that I should include on the blogroll?  If so, let me know!

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Photo “366 * 139 * Taking off my glasses” by Pragmagraphr via Flickr/Creative Commons License.

 

Pre-holiday reminder: plan for delays (Tues Tip)

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colored leafAs the weather (finally) begins to turn to fall, people begin to make plans for fall and winter holidays with family and friends.  While negotiating the ins and outs of whos turn is it to get you for Thanksgiving this year, remember to plan for holiday delays on your construction projects.

Schedules matter.  And yet, vacations, holidays, weather, sickness, and other delays happen.  As I’ve written about previously on this blog, it is important that you prepare for delays in advance & document unanticipated delays. 

You know you will not have a full crew working 100% between Thanksgiving and Christmas, or between Christmas and the start of the new year.   Neither will your subcontractors.   Plan on it, and accomodate those delays now, ahead of time.

You also need to make temporary arrangements to fill in the gaps during holidays and vacations– both your own absence from the project and that of other trades.    Figure out who should be the contact person in charge in your absence.  Notify everyone who needs to know.  Inquire of your subs, owners, and material suppliers how they are staffing around the holidays.  Advance planning now equals fewer chances for costly delays.

Think of it as an early present to yourself to save yourself from last minute problems!

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Photo “Fall Color, Autumn Colour, New England” by FreeFoto.com via Creative Commons License.