MAKE THE SHIFT –INCLUDING PROACTIVE MARKETING IN YOUR REACTIVE STRATEGY

by Kelly Donahue, Communications Director & Founder, Trifecta Collaborative & Katie Alessi, Marketing Director & Founder, Trifecta Collaborative

As the current financial climate evolves, businesses across every industry strive to find a clear path forward. The architecture industry has many uncertainties regarding project schedules, supply chains, budget reallocation, bid opportunities, and market stability. It has forced firm leaders to ask themselves, “How do I keep my business advancing?”

This can be the year your firm will begin conducting business using a more proactive marketing strategy. First, we must adjust your marketing mindset.

REACTIVE VS. PROACTIVE

Reactive marketing is a marketing response in a single moment. When the opportunity knocks, reactive firms respond and frame their content around unplanned circumstances. The most common phrase that is a giveaway for the reactive firm is “it feels like a great opportunity.” Responding to an RFQ/RFP when you aren’t aware of the project in advance, or the client isn’t aware of your firm is a perfect example of reactive marketing.

Proactive marketing is defined as using analytics to determine the best direction for a marketing effort before a plan or campaign is launched to support the initiative. The team analyzes and adjusts accordingly to ensure success over the campaign’s lifecycle. Instead of responding to a trend or competitor’s actions, proactive marketing allows you to anticipate future pain points, needs, and changes in your target audience and core markets. By staying ahead of the curve, you can set your firm up for the highest success rate and get the most out of your budget.

Architecture firms need to be more flexible with their marketing strategies and incorporate both proactive and reactive tactics. Those that do will outlast the competition and optimize their marketing budgets.

Marketing has always had a murky relationship with architecture firms. Marketing is greatly misunderstood, and far too often, firms relegate their professional marketers to the role of “proposal pusher”—one who spends most of their time in reactive mode, responding to RFPs and pulling together quals packages. That alone is not marketing.

We’ve experienced this firsthand over nearly four decades in the industry and heard countless stories reinforcing that marketing is widely under-appreciated and misaligned at design firms. Marketing is defined in many ways, but perhaps the best definition comes from the Society for Marketing Professional Services (SMPS), which defines marketing as:

“The process of creating firm awareness; building and differentiating the brand; driving business development activities; and identifying, anticipating, and satisfying client objectives to achieve profitable business goals.” your current clients that you can solve their problems. Marketing defines who your firm is and why you are different from other firms. Marketing drives business development. Marketing understands your prospects and clients, shines a light on their unique challenges, and figures out how to help them. And finally, marketing is all about revenue and profit. Your profits will suffer if you chase the wrong clients or operate in the wrong sectors.

This Is Your Marketing Moment

It’s time to embrace their talents and elevate your marketing activities. Turn your marketing program from entirely reactive to more proactive. Here are five marketing-driving activities that your firm should be focusing on this year:

1. Your Brand

What is your brand? What is your reputation in the markets you serve? The promise of what it would be like to work with you. A brand is the perception of your firm, and branding is a proactive attempt to build and control that perception. But to do that, you need to understand who you are and whether this brand is attractive and relevant in the markets you serve. Furthermore, does your identity line up with the brand? Think “look and feel,” like logo, fonts, and colors. We recently saw an Architecture firm’s website that promoted the firm as modern and progressive. But their logo and font looked right out of the 1950s. That isn’t very clear messaging. Make sure your identity aligns with your brand, and audit your marketing materials to ensure they conform to your brand standards. Brand consistency is critical!

2.

Customer Relationship Management (CRM) System and Process

Every firm needs to have a vibrant CRM program, and CRM is best enhanced through technology. Tools like Deltek Vision or Vantagepoint, Cosential, and Salesforce, among others, can significantly help. What is the most important data to track? And why – what is the purpose of having that information? Who is responsible for collecting and inputting the data? What are your standard workflows to capture this information? CRM is a foundational tool for marketing campaigns, business development, and client experience.

3. Website

A website in 2023 needs to be a lead-generating tool. It needs to enhance your brand, not detract from it. It must have high SEO optimization around the most important keywords. It should be about your clients and prospects, not a testament to your greatness. If you merely have a list of services and a bunch of generic project descriptions with no stories of value, you’re missing the boat.

Furthermore, your website needs to be the hub for all your online activities – blogs, videos, social media, news, etc. In this era, up to two-thirds of the buying process is completed before you hear from a prospect or existing client. You are being checked out, and it often begins with your website.

Note that you cannot equate this definition to that of a proposal pusher. Marketing, by nature, is proactive. Marketing lets your prospective clients know that you exist and reminds

4. Social Media

Today’s decision-makers are increasingly researching you and your firm on social media. A few years ago, we used to say that Millennials were driving this, but all generations have incorporated this behavior, from digital natives to the most senior generations in the workforce. The lack of an active presence on these platforms says something about your firm. And unless your brand centers around terms like “antiquated” or “dinosaur,” perhaps it’s time to up your game. But remember – it’s not about you; it’s about your clients and prospects. Post content of value to them.

Kelly Donahue Communications Director & Founder kdonahue@trifectacollaborative.com

Kelly is a builder – of brands, reputations, and businesses. She tackles big challenges and complex projects and helps companies and organizations achieve the successes that mark them as leaders in their communities and industries.

She’s spent 30 years in communications leadership roles in architecture, engineering, construction, design, and manufacturing. She’s helped clients in professional services, healthcare, higher education, government, hospitality, and the arts.

Her work has earned dozens of honors from the Society for Marketing Professional Services, the Public Relations Society of America, and the American Marketing Association. She frequently speaks on PR, crisis communications, and media relations topics.

Katie Alessi, Marketing Director & Founder kalessi@trifectacollaborative.com

5. Thought Leadership

Sharing thought leadership is when you provide valuable information to clients and prospective clients instead of a dull, self-praising promotion. It comes in many shapes and sizes – blogs, video blogs (vlogs), infographics, research, case studies, podcasts, social media posts, etc. Thought leadership must address the needs of your target audience, and what is essential to a healthcare prospect may not be important to a municipal prospect. So, align your content with your audiences. If you are not pushing out thought leadership, you are already behind.

This is by no means a complete list, but it does map out crucial marketing elements that your firm must address to remain competitive in today’s environment. Client behaviors are rapidly changing, necessitating new approaches. Please take this opportunity to realign your marketing activities to where they should have been, and then go further. Make the Shift –include proactive marketing in your reactive strategy. l

We are here to help. Reach out for a free consultation. Connect with Trifecta Collaborative.

Katie is a connector – of brands and businesses to consumers and communities. She uses marketing strategy to fully harness modern technologies and communication tools to deliver continued success and high-impact visibility for clients and their diverse audiences.

She understands her clients’ big-picture goals and aspirations and develops a progressive road map, assembling the perfect team to reach success. Katie is an organized thinker and manages the life cycle of a marketing initiative, from early strategy discussions to analyzing final results and executing marketing tactics that blend traditional marketing with digital media channels.

She has spent over ten years in marketing management roles in architecture, engineering, not-for-profit, arts and culture, higher education, healthcare, government, and hospitality. She has collaborated with and executed mixed-media marketing campaigns for large and small companies and organizations.

The Restorative Impact Of Perceived Open Space Architectural Illusions Give New Life To Isolated Interiors

by David A. Navarrete, MBA, M.S.,Director of Research Initiatives & Accredited Education, Sky Factory, Inc.

Branch Technology and Foster & Partners unveiled two modular shelters for extraterrestrial human habitation. The Prototype Outfitting Demonstrator (POD) was part of a NASA contract awarded to research Branch Technology’s 3D printing process in the fabrication of extraterrestrial habitats.

Last fall, Branch Technology and Foster & Partners unveiled two modular shelters for extraterrestrial human habitation. The Prototype Outfitting Demonstrator (POD) was part of a NASA contract awarded to research Branch Technology’s 3D printing process in the fabrication of extraterrestrial habitats.

While the lunar modules were built using cutting-edge construction technology, their interior geometry faced a familiar design quandary. In extraterrestrial landscapes devoid of Earth’s sensory-rich atmosphere, how could lunar shelters help the human physiology maintain homeostasis and perform at an optimal level during prolonged missions without the restorative visual-spatial cues inherent in terrestrial views of the sky?

The architectural feature with the most quantitative and qualitative body of research documenting its robust wellness benefits remains a visual connection to nature. Hence, the design team sought to include biophilic design’s most restorative attribute. Foster + Partners, the POD designer for the project, looked into the positive outcomes accrued by architectural illusions and sought to integrate a research-verified virtual skylight that would generate spatial polarity within the shelters.

In fact, the design framework used to generate biophilic illusions of natureTM has been successfully applied to projects facing the same issue: claustrophobic interiors. For example, a new medical center on 4 Rue Boudreau, in Ile-de-France, in downtown Paris, faced the same design challenge plaguing the compact lunar modules. The 19th Century building selected to house the medical center’s assorted clinical services featured a historic Haussmann façade.

Due to code, the building’s cream-colored stonework and iron wrought railings couldn’t be altered. Hence, enlarging the exterior windows or altering the entrance was out of the question. In turn, the clinic’s waiting lounge would rest deeper in the building core—not the most inviting area to wait in a high traffic medical clinic. However, given the layout, the team considered whether a biophilic design application that generated perceived open space would tender a viable solution.

While most architects are familiar with virtual skylights, few outside of healthcare design, professional associations or scholarly ones like the Academy of Neuroscience for Architecture have noted the tectonic shift that’s taken place between representational ceiling installations (those using commercial images of nature or backlit blue panels), and bone fide architectural illusions (those designed to engage areas of the brain associated with spatial cognition and depth perception). While the first group relies on the standard benefits afforded by decorative nature imagery or blue LED panels, the latter has charted its own trajectory by contributing to the neuroscience of architectural illusions and evidence-based design (EBD) literature. In fact, published studies on sky illusions remain a niche area of research. However, the available studies provide a compelling portrait of a visual-spatial technology that can redress the deleterious impact of deep plate interiors. Furthermore, the nascent field of neuroaesthetics, which studies (among other topics) the neural and cognitive mechanics involved in experiences of deep beauty, has revived many architects’ interest in the patterns and geometries of biophilic design, as well as their artistic counterparts. The neural correlates of such sensory stimuli and their ability to regulate the Autonomic Nervous System (ANS) and the observer’s reaction to place, location, and materiality, is remarkable. Such findings reveal that our perception of interiors emerges from a subconscious cognitive assessment that generates what neuroscientists call felt states—feelings shaped by somatic markers in our surroundings.

LETTER FROM PARIS: A CASE STUDY

COSEM, a multidisciplinary medical group offering a wide range of healthcare services, sought to refurbish its 3rd center in the French capital. The facility accommodated an annual inflow of 800,000+ patients, requiring that the reception area, despite its recessed location, be spacious and inviting to sooth restless patients and enhance staff wellness.

The new location, COSEM Auber, would host multiple practices in a 1,600 square meter (17,222 sq. ft.) facility that would host an estimated 2,800 appointments per week. The team was familiar with Roger Ulrich’s seminal study on the effect of a window view to nature on patient recovery, as well as his subsequent findings confirming the positive impact of representational nature art on patient anxiety, stress, and pain perception (Ulrich et al. 1993).

However, evidence-based design literature did not distinguish between types of nature imagery and the positive outcomes were attributed to the representational content. When the proper structural and contextual cues are incorporated into a gravitationally-correct, overhead image of the sky, the composition can generate a more profound illusory effect. In a bone fide illusory sky, the installation materials, lighting properties, and compositional patterns give way to perceived spatial planes. By recessing the perceived zenith in the interior envelope, architects can generate a powerful and therapeutic catalyst that redefines an occupant’s embodied sense of place.

The Neurophysiology of Illusions

In 2014, a pioneering study in neuroarchitecture appeared in the peer reviewed Health Environments Research & Design Journal. Neural Correlates of Nature Stimuli: an fMRI Study, was spearheaded by a Texas Tech University team that included an architect, an environmental psychologist, a neuroscientist, and a visual artist. They were the first to look at brain scans of patients exposed to different types of visual stimuli—positive, negative, and neutral images of nature, in addition to a fourth category: illusory skies.

The team examined whether there were unique patterns of brain activation associated with exposure to Sky Factory’s Open Sky CompositionsTM (the gravitationally-correct sky photography used to generate the overhead sky illusions) as compared with other three categories of nature imagery. Initial analysis of the brain maps indicated that the illusory skies shared all of the characteristic neural activations of positive images while also activating several unique brain regions, including activations in the cerebellum.

“Brain activation of the cerebellum is often associated with aspects of spatial cognition, in particular the experience of extended space,” said neuroscientist Dr. Michael O’Boyle. The study’s remarkable findings earned the Design & Health International Academy’s Award for Best Research Project (2014) and a Certificate of Research Excellence from the Environmental Design Research Association (2017) for its methodological design and practice-based impact.

The COSEM team decided to incorporate a Luminous SkyCeiling in the main reception ceiling, splitting the sky illusion into two 6’ X 10’ soffit openings flanked by four 6’ X 6’ additional ones along the length of the area. The multiple openings leveraged two principles of Gestalt psychology, amodal perception and good continuation, which are hardwired habits of perception that enable the brain to reconstruct occluded shapes and identify the hidden wholeness permeating the discrete fragments. By engaging the observer’s right hemisphere, observers also engage the peripheral ANS and the parasympathetic subsystem that terminates in the left insula, which is responsive to affiliative emotions and relaxation.

When this happens, our memory also enlivens the spatial maps corresponding to experienced places and related emotions.

Given that the sky is humanity’s most universal experience of nature, it is also our most ingrained spatial map. Therefore, the contextual and structural cues present in and around a photographic sky illusion are instrumental in engaging not only focused, but peripheral vision, which governs 95% of our visual field and gauges our visceral sense of bodily safety. By flooding our peripheral vision with a point-of-view that mimics the natural vastness of the sky, recognized through layered elements that cue scale and light direction through cloud patterns and overhanging foliage, we engage the physiology’s visceral sense of perceived openness and vertical volume overhead. COSEM’s success led to others like St. David’s Foundation’s virtual atrium (Austin, TX), which also generates a transparent vertical geometry that relaxes occupants by dissipating the sense of confinement through Cognitive Biophilia. l

David spearheads research partnerships with hospitals, public and private health organizations, exploring the benefits of architectural illusions of nature. He creates Continuing Education courses for design professionals, all of which are approved for credit by the AIA, GBCI, IDCEC, and the Patient Experience Institute.

He contributes in-depth articles on Cognitive Biophilia for the Conscious Cities Anthology (2018, 2020), Radiology Today, Salus Global Journal, AIA Utah Reflexion and Work/Design magazines.

David is a member of the Academy of Neuroscience for Architecture’s Center for Education (ACE) and The Center for Health Design.

About Sky Factory, Inc.

Sky Factory is the only designer/manufacturer of evidence-based design virtual skylights and windows. The company’s installations are found in All Top 10 American Hospitals as ranked by the 2022-23 U.S. News & World Report. Sky Factory’s flat management model, sustainable energy, and service-oriented culture has earned recognition from Inc. Magazine (Top Small Company Workplace, 2010) and Fast Company.

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THE ARCHITECT’S DECISION TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES AND HOW TO MANAGE THE RISK

by Douglas R. Halstrom, L’Abbate, Balkan, Colavita & Contini, LLP

When it comes to risk management, the architect’s construction administration responsibilities invariably become a focus because this scope of work can potentially expose the architect to unwarranted liability. This article sets forth the reasons why architects should be willing to take on construction adminis tration services and how best to perform these services to limit exposure to additional liability.

involving change orders. Change orders can be the result of field conditions, design omissions, design errors, construction errors, owner-directed scope changes, or other matters. Permitting the contractor and owner to categorize change orders as design errors or omissions without the architect’s input and direction opens the door to these parties to build a case against the architect while allowing the contractor and others to proceed unscathed, depending on the situation. Conversely, if the project architect remains involved during the construction phase of the project, the architect is uniquely qualified to determine whether the proposed change order is a true change from the original design, or whether the work identified as a change by the contractor is covered within the scope of its existing contract for the project, or the result of a field condition (or something else). In this scenario, the project architect is in a position to communicate the necessary assessment to the owner and contractor to achieve resolution of most, if not all, potential issues surrounding change orders and thereby lessen the potential for litigation down the road.

Staying involved with the project after the completion of the design phase of the project places the architect in the best position to respond to issues that arise during construction and resolve them before they turn into litigation. Take, for example, change orders. Performing construction administration services provides the architect with the immediate opportunity to respond to situations giving rise to disputes

Additionally, the contractor may identify aspects of the construction documents which omit necessary information, or the project drawings and specifications may be inconsistent on certain details. Addressing situations like these are handled seamlessly and quickly when the architect is involved with construction administration and, most importantly, helps to avoid claims of defective design and construction and delays aimed at all parties, which invariably invites finger-pointing among the members of the project team.

Hidden or unknown site conditions, particularly in projects involving existing structures, present another situation demonstrating the importance of agreeing to perform construction administration services. The depth of adjacent foundations or how the existing walls are waterproofed may only come to be known during the construction phase of the project. The architect, by staying involved, would be part of the team assessing how to proceed with the project that can help to avoid negative dialogue aimed at blaming the project architect for not knowing these details. The project team’s efforts are more likely to be focused on solutions, which helps to keep the project moving forward so project delays can be minimized.

Once the architect is retained to perform construction administration functions, the architect needs to be mindful of the contract language. The AIA contract provisions pertaining to construction administration services include language like “periodic site visits at intervals appropriate to the stage of construction” so the architect can determine and confirm “that the contractor is performing in general compliance with the plans and specifications”. What is meant by “periodic” and how often do you need to visit the site? Also, is it possible to know whether the contractor is in “general compliance” with the contract for construction if the architect is not present on a daily basis?

When issues like these are litigated in court, and a jury of your peers must answer these questions, the judge will likely instruct them on a reasonable person standard with little explanation as to what that means. Essentially, the standard of care is: “the Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances”. The architect’s construction administration responsibilities in making periodic site visits and determining whether the contractor is performing in general compliance with the contract documents will almost invariably become a focus because it is this scope of work that can potentially expose the architect to unwarranted liability. If the architect’s contract dictates the number of site visits per week, then this removes some uncertainty as to what is expected of the architect concerning when to make the visits. Owners may want to leave this vague and leave it to the architect to determine when to come to the site, which opens the door to questions like “How did you know when to go the site?” and “What made you go on July 10 but not go again until August 1?” Clearly, knowing the progress of construction activity is critical to knowing when to make your visits, particularly if certain aspects of the work will no longer be visible after a certain date (e.g., foundation). Keeping up to date with the owner as to construction progress is, therefore, critical.

Additionally, and perhaps most importantly, the architect should document his efforts with some specificity as to when he was at the site, the nature of the activities the architect observed, weather conditions, a list of workers and how the project is proceeding. Assuming the architect is being kept apprised of the progress of construction, discussed above, then the architect should indicate what he was told about construction progress and whether the architect’s observations on site are consistent with that information. Similarly, the architect should document conversations he had with people on site to give additional flavor and meaning to the architect’s on-site observations. These are important details because the architect, in the event of a lawsuit, is likely to be questioned about the reported observations, so the report or email should tell a story that fits with other project information like budgets and schedules. Taking care to do this will make preparation for questioning and answering deposition questions much easier. Without documentation of the architect’s observations in this manner, mounting a defense to claims involving the architect’s construction administration activities is difficult as memories invariably fade quickly over time.

This is but a short discussion of how an architect can properly perform construction administration responsibilities and reasons why performing construction administration is vitally important. Should you wish to discuss this further, please do not hesitate to contact me at your convenience. l

Douglas has been with L’Abbate, Balkan, Colavita & Contini, LLP since his admission to the Bar in 1991. His practice currently concentrates in the defense of architects and engineers professional liability claims.

He has experience with lawyers and accountants malpractice claims and has handled various commercial matters and contractual disputes on behalf of owners, general contractors, construction managers and design professionals on both the plaintiff’s and the defendant’s side.

Mr. Halstrom holds the Martindale-Hubbell® Peer Rating AV® Preeminent, its highest rating for ethics and legal ability. He has also been selected as a Super Lawyer in the area of Construction Litigation in the Metro Edition of New York Super Lawyers® annually since 2019.

This article contains excerpts from CLAIM is a Five Letter Word— What Happens When It Happens to You?, RLI Insurance Company’s DPLE course number 310A, an AIA-approved continuing education program for Health, Safety, and Welfare.

There’s no shortage of content available to architects addressing claims-prevention tips and strategies, and most of what is available is of dubious value in my opinion anyway. If we really knew how to avoid getting sued, roughly 15-20 percent of you wouldn’t find yourselves on the receiving end of a professional negligence lawsuit each year. That may still be the topic of a future article, but for now I’d like discuss a situation that I think doesn’t get nearly enough attention—what you need to do when this situation arises, and what not to do to avoid making matters worse.

One of the most important concepts for understanding your professional liability coverage relates to two key terms found in every standard professional liability policy in some form or another—claim and circumstance—which dictate both what your insurer’s obligations are to you, and what your obligations are to your insurer, in certain situations. Specific policy language will differ somewhat between insurers, but normally a claim is described as a demand for money or services coupled with an allegation of professional negligence while a circumstance is defined as an event or occurrence from which the insured reasonably expects that a claim could be made.

INSURANCE AGENT INSIGHTS - CIRCUMSTANCES: THE PITFALLS AND STRATEGIES OF DEALING WITH CLAIMS BEFORE THEY BECOME CLAIMS.

by Eli Harvey, Chadwick Brokerage LLC

Although we usually think of a claim as being inherently worse than a circumstance, the mere possibility of a claim, it’s often circumstances that get architects in more trouble and present the most opportunities to inadvertently jeopardize coverage under their policies. This is in part because most people’s natural response to a claim aligns with their contractual obligations to their insurer, namely, that the insurer be notified right away. Not many people will ignore or casually sit on a lawsuit, and consequently we see very few coverage denials based on the failure to properly report claims.

Circumstances (sometimes called “claim circumstances” or “pre-claims”) don’t always elicit a response that coincides with policy requirements, however. If there is a problem on a project, your natural instinct is probably to be cooperative and helpful in trying to work with the client to fix the problem, and you probably aren’t immediately thinking about involving your insurer. And that’s fine—insurers generally want you in that role—and unlike a claim, there’s no obligation under most professional liability policies to bring-in your insurer every time there’s an issue on a job.

That being said, and regardless of whether you have to or not, there are some very good reasons to report a circumstance to your insurer anyway:

First, it usually doesn’t count against you in the calculation of future premiums, so there’s no harm in simply keeping your insurer informed about what’s going on. Insurers don’t penalize you for this because they want you to involve them when a problem first arises, so they have a chance to help you mitigate the severity of a claim or even avoid one altogether. Also, when you report a circumstance it “books” that matter to the current policy year, so even if it doesn’t technically become a claim until much later, that claim will go on the policy that was in place when the circumstance was first reported. This can be tremendously valuable if you realize that most insurers are only looking at a 5-year loss history when calculating a policy premium, so reporting something as a circumstance might allow the matter to fall-off that 5-year lookback period months or even years sooner, and consequently the claim might only wind up affecting your premiums for a year or 2 instead of 5.

Finally, every time you renew your policy you have to answer a question on your application that closely mirrors that insurer’s policy definition of a circumstance by asking if you’re aware of anything that might turn into a claim. Unless you’re 100% sure that some pending issue isn’t going to blow up later on, you’re effectively forced to report it to the insurer or you risk them coming back later and claiming you knew about a situation and withheld or concealed information about it. If deemed a “fraudulent misrepresentation” this omission can give an insurer more than ample grounds to deny coverage. Another benefit of notifying your insurer about a circumstance early-on is that most policies have some sort of Loss Prevention Assistance or Pre-Claims Assistance provision that allows the insurer to provide helpful resources, at their sole discretion, like hiring an attorney to guide you through the situa- tion, accompany you to a meeting or deposition, or help you draft communications to your client to make sure you aren’t doing or saying anything that could later jeopardize your position or coverage. Sometimes insurers will even decide to just throw some money at a situation to make it go away if they believe that’s the best way to avoid costly litigation. Perhaps the biggest benefit of these provisions, which many insureds are unaware of, is that the expenses incurred by the insurer usually aren’t subject to your policy’s deductible and don’t erode your policy limits, at least until or unless the matter later turns into a claim.

Where architects also frequently get themselves in trouble while dealing with a circumstance is that, in trying to be helpful and cooperative, they inadvertently accept some responsibility for the problem, and this good-faith admission can really come back to haunt them. Professional liability policies specifically state that coverage is contingent upon the insured’s not admitting any fault or liability, or agreeing to any settlement, without the consent of the insurer. In doing so, you can effectively and irreparably undermine the insurer’s ability to defend you in the event the circumstance turns into a claim – no lawyer on earth can successfully argue that something wasn’t your fault if there’s a string of emails with you admitting you made a mistake. You also cannot agree to pay to fix something yourself then send your insurer the bill – they won’t pay it.

The bottom line is that you should always have an open line of communication with your insurance agent or your insurer to discuss any matters that give you cause for concern. Make sure you are familiar with your policy’s provisions, its definitions, what it requires of you, and what actions or inactions on your part can jeopardize or void the coverage it provides. Don’t wait until you’re served with a lawsuit to get your insurer involved, and remember that trying to fix problems yourself can be a path fraught with perils, where the best of intentions can leave you unable to rely on your insurance when you need it most. l

Eli has worked in the insurance industry since 2005, and exclusively with architects, engineers, and design professionals since 2011. He specializes in contract reviews and negotiations, particularly with respect to large publicly funded infrastructure projects, and helping his clients navigate the complex insurance environments inherent to such projects. He also enjoys assisting new firms and guiding them through the process of obtaining insurance for the first time and advising them on best practices for managing risk. He is a frequent consultant and advisor to insurance companies and has helped draft numerous policy forms and endorsements that are widely used in the construction industry.