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Anatomy of a Murder (Clause): Understanding the legalese that can leave you uninsured…plus tools you can use to protect your practice (and yourself)

Date: Friday, November 24, 2017

Location: Ottawa, The Westin Ottawa, 11 Colonel By Drive – Governor General Ballroom

Time: Registration: 8:00 am; Program: 8:30 am to 12:00 noon, including a mid-morning break. A continental breakfast will be available from 8:00 am.

Program: Anatomy of a Murder (Clause): Understanding the legalese that will leave you uninsured…Contracts to Live By; Examples of Murder Clauses...why they are dangerous; and a Parade of Fixes…with discussion.

Ontario architects are required by law to maintain mandatory professional liability insurance to protect the public and themselves. The Ontario Association of Architects has made clear its concern that Ontario architects are being presented with client-authored contracts for their services that include provisions that expose the architect to obligations and liabilities that will exceed their insurance coverage and claim limits, making it extremely doubtful that the architect could meet the contracted obligations. Pro-Demnity Insurance Company shares these concerns.

The OAA Regulatory Notice of September 2016 warns architects that acceptance of obligations in a contract for their professional services that exceed their insurance may qualify as Professional Misconduct.

The objectives of this program are:

-    To assist attendees learn how to recognize a “Murder Clause” as characterized by Pro-Demnity or a “Deal Breaker” as described by other insurers active in insuring design professionals in Canada.

-    To provide a handful of proven “fixes” that an architect can utilize to avoid the consequences.

This Pro-Demnity Loss Prevention program is based on a highly rated program delivered by the same presenters at the 2016 OAA / RAIC Conference.  

Presenters:

Bernie McGarva

Bernie McGarva is one of the group of counsel regularly retained by Pro-Demnity to defend architects facing claims, and is a regular contributor to continuing education programs and professional liability insurance seminars for Ontario architects. He has been a partner of the law firm Aird & Berlis LLP since 1992 where he practices in the area of commercial and construction litigation. Bernie is regularly retained by Pro-Demnity to defend architects facing claims, and is a regular contributor to continuing education programs and professional liability seminars for Ontario architects.

John C.A. Hackett OAA, FRAIC

John Hackett is Vice-President, Practice Risk Management for Pro-Demnity Insurance Company. In that role he counsels Ontario architects on questions about insurance and liability concerns. He serves as moderator for many Pro-Demnity Loss Prevention Events.

Con-Ed Points:

Attendance at the event will qualify for 3 hours of Structured Learning. A certificate of attendance will be sent following the event.

Cost:

There is NO CHARGE to Ontario architects or their staff for this event. 

However, those who register but do NOT ATTEND without providing advance notice before 4:30 pm, Monday November 20, 2017 may be invoiced $25.00 to cover the cost of the wasted catering.

Registration:

Please register on-line at: https://myprereg.com/Events/FARE1117E as soon as possible.

Registration may be limited due to capacity of the venue.

You will receive a confirmation e-mail. Changes to your registration may also be made with this link.

Questions:

E-mail: janice@jfendleyconsulting.com

Tel: (905) 337-7362

Fax: (905) 842-6124

Changes or notices on non-attendance must be made by e-mail to janice@jfendleyconsulting.com before 4:30 pm on Monday, November 20, 2017 to allow notification to those on a wait list and avoid the $25.00 charge for unused food and beverages.

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