Legal Issues for Arizona Design Professionals January 25, 2007 Dennis I. Wilenchik Tyler Q. Swensen.

Slides:



Advertisements
Similar presentations
A GIA is a contract between a surety company and a contractor (or subcontractor)/principal. A GIA is a standard, typical document in the construction.
Advertisements

Karen McKeithen Schaede, RN, JD. Criminal Law: Deals with crimes and the punishment for criminal offenses Examples of Criminal Law Failure to renew nursing.
ETHICS. Business Conduct  The Agent agrees to conform to all applicable federal, state and local laws in conducting business under this agreement.
Copyright © 2012, Big I Advantage®, Inc., and Swiss Re Corporate Solutions. All rights reserved. (Ed. 08/12 -1) E&O RISK MANAGEMENT: MEETING THE CHALLENGE.
Chapter 16 Professional Liability. The Legal Environment Affecting Litigation against Auditors Liability that affects CPA firms is derived from the following.
What You’ll Learn How to define negligence (p. 88)
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.
Commercial Law (Mgmt 348) Professor Charles H. Smith Professional Liability and Accountability (Chapter 51) Spring 2009.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
It Takes the Net Profit From Many Audits to Offset the
(1) Basic Obligation of Care  Ethics Rules  MRPC 1.1) Competence reasonably necessary for the [particular] representation  legal knowledge  skill 
The AMA Code of Ethics Could Egyptian Marketing Professionals Agree on a List of Rules, Perhaps Similar to This? The IMI Journal. Members of the AMA are.
Scott F. Johnson Maureen MacFarlane.  Attorneys have a myriad of ethical obligations  This presentation covers some of those obligations and considers.
Copyright © 2010 South-Western/Cengage Learning
©2003 Prentice Hall Business Publishing, Auditing and Assurance Services 9/e, Arens/Elder/Beasley Legal Liability Chapter 5.
CHAPTER 4 AUDITOR’S LEGAL LIABILITY Fall 2007 u Types of CPA Liability u Liability Under Common vs. Statutory Law u Defenses u Liability under SEC Acts.
Audit Planning and Documentation
Safety and Health Programs
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 52 Liability of Accountants and Other Professionals Chapter 52 Liability.
Essentials Of Business Law Chapter 30 Professionals’ Liability McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
©2010 Prentice Hall Business Publishing, Auditing 13/e, Arens/Elder/Beasley Legal Liability Chapter 5.
©2008 Prentice Hall Business Publishing, Auditing 12/e, Arens/Beasley/Elder Legal Liability Chapter 5.
©2008 Prentice Hall Business Publishing, Auditing 12/e, Arens/Beasley/Elder Legal Liability المسوؤلية او الالتزام القانونية Chapter 5.
Durham Public Schools Chemical Safety Program On-line Science Safety Workshop Janet Scott, Director of Science 6-12.
Legal Liability of CPAs Chapter 4. McGraw-Hill/Irwin © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. 4-2 Primary Sources of CPA Liability.
Discovery III Expert Witness Disclosure And Discovery Motions & Sanctions.
Casualty Actuaries of the Southeast Ethics and Professionalism in Actuary and Auditor Relationships April 1, 2003 David K. Morgan, CPA.
Chapter 4: Legal Liability
© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 31 Professional Liability.
Legal Liability of Auditors. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 4-2 Primary Sources of CPA Liability Breach.
Part 2 – The Law of Torts Chapter 6 – Special Tort Liabilities of Business Professionals Prepared by Michael Bozzo, Mohawk College © 2015 McGraw-Hill Ryerson.
ASME C&S Training Module C3 MODULE C - LEGAL SUBMODULES C1. Conflict Of Interest/Code Of Ethics C2. Antitrust C3. Torts C4. Intellectual Property C5. Speaking.
Chapter 04 Legal Liability of CPAs McGraw-Hill/IrwinCopyright © 2014 by The McGraw-Hill Companies, Inc. All rights reserved.
STATE OF ARIZONA BOARD OF CHIROPRACTIC EXAMINERS Mission Statement The mission of the Board of Chiropractic Examiners is to protect the health, welfare,
Prime Responsibility for Radiation Safety
CH 8 Athletic Training Practice. Credentialing Regulates the practice of ATC’s Protects the layperson Insures competence of ATC’s.
FleetBoston Financial HIPAA Privacy Compliance Agnes Bundy Scanlan Managing Director and Chief Privacy Officer FleetBoston Financial.
Business Law with UCC Applications,13e Professional Liability Chapter 32 McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights.
PE 254. Negligence The legal claim that a person failed to act as a reasonable and prudent person should, thereby resulting in injury to another person.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 51: Liability of Accountants Chapter 51: Liability of Accountants.
P A R T P A R T Corporations History & Nature of Corporations Organizational and Financial Structure of Corporations Management of Corporations 10 McGraw-Hill/Irwin.
Prepared by Douglas Peterson, University of Alberta 6-1 Part 2 – The Law of Torts Chapter 6 Special Tort Liabilities of Business Professionals.
Under what common law theories may professionals be liable to clients? Under what common law theories may professionals be liable to clients? What are.
The Law Society and You. The Role of the L.S.U.C. Regulates, governs and licenses Ontario’s lawyers and licensed paralegals pursuant to the Law Society.
Legal Liability Considerations for Auditors
5 - 1 ©2006 Prentice Hall Business Publishing, Auditing 11/e, Arens/Beasley/Elder Legal Liability Chapter 5.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 ACCOUNTANTS’ LIABILITY © 2010 Pearson Education, Inc., publishing as Prentice-Hall CHAPTER.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.
Copyright © 2008 Delmar Learning Chapter 7 Legal Issues.
Ethics—Standard of Professional Behavior Required to Ensure the Public Health, Safety, and Welfare NCEES Past President W. Gene Corley, Ph.D., P.E., S.E.,
Legal Considerations and Administration
Improving Compliance with ISAs Presenters: Al Johnson & Pat Hayle.
Every employer must ensure, as far as is reasonable practicable, the health, safety and welfare of all his employees More specifically, employers must.
©2012 Prentice Hall Business Publishing, Auditing 14/e, Arens/Elder/Beasley Legal Liability Chapter 5.
Legal Aspects of Nursing
Chapter 17 Audit Corporate Governance.
E&O Risk Management: Meeting the Challenge of Change
Section 4.2.
Legal Liability Chapter 5.
Chapter 42 Liability of Accountants & Other Professionals
Legal Liability of CPAs
MODULE C - LEGAL SUBMODULES C1. Conflict Of Interest/Code Of Ethics
Legal Considerations and Administration
Speaker: Sarah Chambers, Esq. Claims Counsel| Professional Liability
Explain the nature of liability insurance
Insurance, Liability and Indemnity issues for Assigned Certifiers
RIGHTS, DUTIES AND LIABILITIES OF AUDITOR
Presentation transcript:

Legal Issues for Arizona Design Professionals January 25, 2007 Dennis I. Wilenchik Tyler Q. Swensen

Appearing as a Witness in a Civil Case Tyler Q. Swensen

Professional Conduct and the Standard of Case Dennis I. Wilenchik

Definition of the Standard of Care In a negligence action, the plaintiff has the burden of proving the following: (1) duty, (2) breach of a duty or standard of care, (3) proximate cause, and (4) damages.

Definition of the Standard of Care Arizona courts have recognized that design professionals, such as architects, have a duty to use ordinary skill, care, and diligence in rendering their professional services, and must use their skill, care, and diligence to provide sufficient and adequate plans. Donnelly Const. Co. v. Oberg/Hunt/Gilleland, 139 Ariz. 184, 677 P.2d 1292 (1984).

Definition of the Standard of Care If a claim is asserted against a licensed professional in a civil lawsuit, the claimant (or his attorney) must provide a statement at the time the lawsuit is filed certifying whether or not expert opinion testimony is necessary to prove standard of care and/or liability. A.R.S. § (A). If such a certification is made, the claimant must produce a preliminary expert opinion affidavit when it exchanges its disclosure statement pursuant to Ariz.R.Civ.P

Contractual Requirements Parties to a contract may alter the standard of care. In general, a design professional should not seek to expand the scope of the standard of care, especially if extra compensation is not being provided to account for the additional risks.

Contractual Requirements The contract should properly define the scope of services, including the services the design professional will and will not perform.

Regulatory Requirements Design professionals are generally obligated to comply with codes, licensing laws, and zoning regulations. Failure to comply with these standards may be negligence per se. See also, Gunnell v. Arizona Public Service Co., 202 Ariz. 388, 46 P.3d 399 (violation of a statutory standard of care is usually held to be negligence per se).

Regulatory Requirements In Arizona, the Board of Technical Registration regulates architects and engineers, and other professionals.

Regulatory Requirements The general purpose of the Board of Technical Registration is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals registered or certified and seeking registration or certification. A.R.S. § (A). Any person or firm seeking to practice a board regulated professional must secure a certificate or registration to practice. A.R.S. §

Regulatory Requirements Section A.A.C. R of the Arizona Administrative Code has a section relating to the rules of professional conduct for registrants under the Board of Technical Registration.

Taking Risks on Services Every job involves some risks, and a design professional cannot avoid risks altogether. When design professionals take on additional risks, they should be properly compensated. A design professional should probably take on risks that he or she is qualified to handle.

Taking Risks on Services In evaluating potential risks, assess them, allocate them to the best and most qualified people of the team, and document the job.

Conflicts of Interest [A] registrant shall not accept an assignment if the duty to a client or the public would conflict with the registrants personal interest or the interest of another client without full disclosure of all material facts of the conflict to each person who might be related to or affected by the project or engagement in question. A.A.C R (7)

A Defensive Practice Approach for Design Professionals Closely examine the contract, and make sure it properly defines the roles and responsibilities of the parties. A design professional (and his or her team) should be aware of all of the contract terms to avoid performing services that are not part of the contract or to avoid failure to perform services that are part of the contract.

A Defensive Practice Approach for Design Professionals Document all important communications, status and progress reports, and payments.

A Defensive Practice Approach for Design Professionals Make sure that certifications and memberships are up-to-date. Maintain insurance, and timely notify insurance carriers of potential claims.

A Defensive Practice Approach for Design Professionals Always communicate with the other people or teams working on the project. Try not to misrepresent qualifications or promise things that cannot be delivered.