The Who, What, Where, When, Why and How of RLI Design Professionals

The Who, What, Where, When,
Why and How of
Risk Management
RLI Design Professionals
Design Professionals Learning Event
DPLE 116
June 20, 2012
RLI Design Professionals is a Registered Provider with The
American Institute of Architects Continuing Education
Systems. Credit earned on completion of this program will be
reported to CES Records for AIA members. Certificates of
Completion for non-AIA members are available on request.
This program is registered with the AIA/CES for continuing
professional education. As such, it does not include content
that may be deemed or construed to be an approval or
endorsement by the AIA of any material of construction or
any method or manner of handling, using, distributing, or
dealing in any material or product. Questions related to
specific materials, methods, and services will be addressed
at the conclusion of this presentation.
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© RLI Design Professionals
Course Description
This course focuses on business issues
both internal and external to a design firm.
Often, professional liability claims are the result of
business issues, not technical errors.
Using the who, what, where, when, why and how maxim,
we will develop a better understanding of
the business issues that:
cause claims
prevent claims
help provide for
a defensible
claim
otherwise
protect your firm
in the event a
claim is made
against you
Learning Objectives
Participants will:
1)Review the importance of managing risk internally
and externally to develop and implement an effective
risk management program.
2)Identify some specific aspects of your firm to which we
will apply this who, what, where, when, why and how
exercise.
3)Enhance the risk management protocols of your firm.
4)Develop your understanding of the business issues that
cause claims, prevent claims, help provide for
defensible claims, or otherwise protect your firm in the
event that a claim is made.
Internal and External Process
Apply the who, what, where, when, why and how
to enhance profitability
Practice Issues
• Internal
• External
Business Issues
• Internal
• External
• Internal
• External
Project Issues
Issues Reviewed Internally and Externally
On an enterprise level
On a business level
On a practice level
On a project management level
On an Enterprise Level
Your Firm’s History:
- Inception to present
- Factors that contributed to the firm’s
current status
- Outstanding exposures from the past,
if applicable
- “…to ourselves and our posterity…”
The impact that the history of a
firm has on its professional
liability insurance is significant
On an Enterprise Level
Mission and Core Values:
Internal – provides identity
defines culture
External—defines who you are to
project partners
Initial input on the expected level of
quality is likely the first time your firm
will contemplate professional liability
risk management – whether you
realize it or not.
On an Enterprise Level
Business Planning:
Set short and long term priorities and goals for your firm.
Parties who may contribute:
• Risk management advisor
• Marketing staff (internal/external)
• Insurance broker
• Insurance carrier
• Attorney
• Accountant/Financial Advisor (internal/external)
On an Enterprise Level
Organizational Structure and Culture:
An effective organizational structure facilitates:
• Working toward strengths and away from weaknesses
• Developing career paths for each employee
• Creating a culture of open, effective, and efficient communication
• Involving Project Managers in key decisions
On an Enterprise Level
Technological assets and capabilities:
Technological
capabilities today
Resources to sustain
them tomorrow
Critical to success of an
A/E firm
On an Enterprise Level
Leadership:
Analyze:
• Strengths and weaknesses of current
leadership
• Structures in place to emphasize strengths
• Future leaders
• Mentoring
• Turnover at the management/senior executive level
• Retirement and succession planning
On an Enterprise Level
Financial Analysis:
Evaluate capacity to:
• Perform services/assume risk
• Meet obligations
• Obtain/maintain resources to compete
• Meet the firm’s goals
• Meet goals and expectations of clients
On a Business Level
Accounting:
Your accounting practices will dramatically impact your
capacity to manage risk, including:
• Invoicing practices and tracking
• Frequency and quality of financial reviews
• Accounting software
• Internal accounting staff
On a Business Level
Legal/Insurance/Risk Management:
Legal:
Employment
Intellectual property
Litigation/Claims
Succession/Perpetuation
Insurance:
Policy renewals
Changing needs
Risk Management:
Education and training
On a Business Level
Organizational and Human Resource Management:
Successful management yields higher profits, which then allows for:
• Increased hire/retention rates
• Better benefits
• Superior training
• Competitive career paths
• Low turnover
On a Practice Level
Practice
issues
Business
issues
Top line
revenue
Bottom
line profit
On a Practice Level
Legal Perspective:
Project Agreements:
• Contract drafting
• Contract review
• Contract negotiation
Disputes/Claims:
• Early detection
• Internal reporting
On a Practice Level
Insurance and Risk Management Issues:
Risk Management training:
• Basics
• Purpose/Plan
At the insurance level:
• Limit of liability
• Deductible
• Coverage issues
On a Practice Level
Client/Project/Subconsultant Selection:
The
process
The
purpose
The
criteria
On a Practice Level
Impacts from a Business Development Perspective:
•
•
•
•
Lower fees
Broader scope of service
Tighter schedules
Diminishing construction
budgets
On a Practice Level
Business Development and Managing Risk Assumption:
Identified
Managed
Quantified
Properly
Rewarded
On a Project Management Level
•
•
•
•
•
•
•
•
•
•
•
Project staffing
Coordination
Communication
Documentation
Expectations
Contracts
Project accounting and
invoicing
Subconsultants
Quality
Change management
Scope, schedule, and
budget management
On a Project Management Level
Project Staffing
Choose the
right team
Allocate tasks
accordingly
Measure
workloads
Adjust to
manage
priorities and
utilizations
On a Project Management Level
Coordination
Owner
A/E
Team
Others
Project
CM
Contractor
On a Project Management Level
Communication
Documentation
 Discussions
 Meetings
 Decisions
 Changes
 Substitutions
 Submittal review
 Other events
 Agreements
 Minutes
 Plans and specifications
 Emails
 Checklists
 Forms
 Notes
 Storage/retention
On a Project Management Level
Expectations
On a Project Management Level
Contracts
ilestones
easurement
anagement
On a Project Management Level
Project Accounting/Invoicing
$
$
$
$
Agree on terms
Check on scope
Commit on process
Bill on time
On a Project Management Level
Subconsultants
Resources
Coverage
Capabilities
Communications
Management
Contracts
Coordination
On a Project Management Level
Commitment to Quality
U.S. GENERAL SERVICES ADMINISTRATION
On a Project Management Level
Change Management
Identify
change
Project level
issues
Construction
issues
Site
conditions
Level 1
Organizational
level issues
People issues
Poor
workmanship
Organizational
culture
Level 2
Level 3
Level 4
On a Project Management Level
Scope, Schedule & Budget Management
On Every Level
WHY
Summary Review
•Begin at the enterprise level
•Continue to drill down:
Business level
↓
Practice level
↓
Project level
•Look both internally and externally
•Ask who, what, where, when, why, and how?
•Enhance strategies to:
Prevent claims
Provide for defensible claims
Protect your firm in the event of a claim
This concludes The American Institute of Architects
Continuing Education Systems Program
Laurel Tenuto, Client Risk Management Coordinator
[email protected]
Barbara Sable, Assistant Vice President
[email protected]
Jad Vonderheid, Senior Risk Management Consultant
[email protected]