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A House of Cards: Risks in Residential Design

1.5 ConEd Learning Hours
10:30 a.m.‐12:00 p.m.

 

In any given year, claims against architects abound related to the design and construction of residential projects of all types—from minor renovations or additions to a private residence to very large multi‐unit residential projects. The allegations against the architect can range widely, from insufficient investigation of existing conditions before commencing design to errors and omissions in the design and construction documents to insufficient attention paid to the work being constructed.

Many architects will take on residential work as an area of specialization, or as an occasional opportunity to work closely with individuals who hope to personally benefit from an architect’s skills. Working with a client on their private residence can be a wonderfully rewarding experience for any architect; but if things go wrong, the implications can be very challenging for both clients and architect—financially and emotionally. Regardless of the extent of residential work carried out by an architect, there are special issues that are important to recognize. Join the experts from Pro‐Demnity Insurance Company for their unique perspective on the perils and claims and legal exposures facing architects in the design of residential projects.

Actual case studies will be highlighted, key risk issues pinpointed, and “lessons learned” discussed to better equip you to address the special challenges that can arise on residential projects. With an ace up your sleeve from Pro‐Demnity, you’ll be better prepared to address potential risks in your next housing project.


Learning Objectives
1. Understand some of the professional liability risks associated with designing for a variety of residential projects that can lead to claims and lawsuits against the architect.
2. Review relevant case studies of single‐family and multi‐family projects that have resulted in actual claims against architects.
3. Recognize and address potential risks when designing a residential project.
4. Gain relevant insights and tips to mitigate, manage, or avoid risks and claims in your future residential projects.


John Hackett, B.Arch., FRAIC, Vice President, Practice Risk Management Pro‐Demnity Insurance Company
John Hackett serves as Pro‐Demnity’s long‐standing Vice President, Practice Risk Management. He assists architects with concerning circumstances and risks that arise in their practice, and acts as a keen identifier of and advisor of risk issues that impact the architect’s business. John brings 37 years of experience as an architect in practice as well as 18 years of experience with Pro‐Demnity. He holds a degree from the University of Toronto and is a Member of Long Standing with the OAA.


Leslie Parker, OAA Architect, Risk Services, Pro‐Demnity Insurance Company
Leslie Parker is an experienced architect with extensive knowledge in contract administration and project management of large teams, as well as deep expertise of built environments for healthcare, long‐term care homes, and design for seniors. As Senior Architect, Risk Services at Pro‐Demnity, she monitors new developments in the profession and leverages this knowledge to contribute to the research and development of Pro‐Demnity’s risk education material, initiatives, and programs, while offering relevant and timely one‐on‐one risk guidance to architects. She is a licensed Ontario architect, with a BA from St. Thomas University, Fredericton, New Brunswick, as well as a bachelor’s degree in environmental design studies and a  master’s in architecture from Dalhousie University in Halifax.


Sal Knafo, OAA, MRAIC, Lead Architect, Pro‐Demnity Insurance Company
As lead architect, Sal Knafo guides Pro‐Demnity’s in‐house architectural team and provides an architect‘s perspective across all facets of the company, working with leadership, stakeholders, claim specialists, legal counsel, and with Ontario’s Certificate of Practice holders and their architects. Sal’s breadth of experience includes having worked in professional liability claims with architects, construction dispute, as well as interacting with insurance underwriters in product development and other initiatives within the Company. He is an Ontario architect with over 30 years of experience at Pro‐Demnity, and holds degrees from the University of Waterloo.


Philip Ghosh, BA, JD Senior Legal Counsel, Pro‐Demnity Insurance Company

Philip Ghosh is Pro‐Demnity’s managing counsel, in‐house litigation. He is an experienced litigator with a practice dedicated  to defending architects against professional liability lawsuits at Pro‐Demnity, which he joined in 2020. He has successfully represented clients at all levels of Court in Ontario, as well as at mediations, arbitrations, administrative tribunals, and professional colleges. Philip was called to the bar in 2012 after graduating from Queen’s University Law School in 2011. Further,   he completed an internship at the Khmer Rouge Tribunal in Cambodia. He is a member in good standing of the Law Society of Ontario (LSO), the Ontario Bar Association, and Canadian Defence Lawyers.



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