Standard of care
PL covers negligence — failure to meet the standard of a reasonably prudent design professional. It does not cover guarantees or warranties.
- Strike 'highest standard' and 'warrant' from contracts
- Use AIA or EJCDC language
- Limitation-of-liability clauses are enforceable in Texas
Certifications and indemnity
Owners and lenders ask you to 'certify' — a word carriers hate.
- Replace 'certify' with 'to the best of my knowledge'
- Indemnity only for negligence, never 'arising out of'
- Texas Ch. 130 (CPRC) voids broad indemnity in A&E contracts
Project-specific and OPPI
For a single large project, a project policy dedicates a limit that your practice policy can't erode.
- Owner's Protective Professional Indemnity for owners
- Project policies run 1%–3% of design fees