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BUSINESS NEWS BOWMAN CONTRACTED
FOR
accommodations, signing and striping upgrades, bus stop improvements and green stormwater infrastructure. Bowman’s assignment is to help facilitate a roadway corridor with enhanced pedestrian mobility, efficient movement for vehicles, transit riders and bicyclists and an improved experience for commuters and the community within the corridor. “This assignment is another affirmation of Bowman’s reputation for innovative transportation services and solutions,” said Gary Bowman, chairman and CEO of Bowman. “We look forward to starting immediately to collaborate on solutions
with all the stakeholders involved in the successful completion of this complex and extremely impactful project.” Bowman’s involvement is part of a larger initiative by PennDOT, the City of Philadelphia and the Southeastern Pennsylvania Transportation Authority to implement a multi-phase improvement program along the Roosevelt Boulevard corridor in North and Northeast Philadelphia. The Boulevard, as it is known locally, carries over 100,000 vehicles daily and is a vital link for traffic in the Delaware Valley region.
COMPREHENSIVE IMPROVEMENT
ROADWAY
PROJECT IN PHILADELPHIA Bowman Consulting Group Ltd., a national engineering services firm delivering infrastructure solutions to customers who own, develop and maintain the built environment, has been contracted to commence engineering services impacting safety improvements along portions of Roosevelt Boulevard (US 1) in Philadelphia, Pennsylvania. Key elements of the assignment include intersection modifications, traffic signal enhancements, pedestrian
unlikely to be covered by professional liability insurance as the incident involves business practices rather than professional practices. Although most design firms now carry standalone cyber- insurance coverage, which helps them restore their system – and includes protection for other related risks, including damage to clients as a result of the breach – the limits are generally aggregate, relatively low, and not necessarily meant to respond to confidentiality clauses. Given the proliferation and scope of these attacks, it’s not difficult to envision a situation where multiple clients could be impacted. In this case, coverage limits might not be sufficient to address the heightened exposure. In order to present a strong defense in the event of this type of breach be sure you have been appropriately educating your staff with established, documented, and constantly reinforced protocols to avoid breaches and safeguard your system. As part of your standard contractual review process, when you see a lengthy, onerous confidentiality clause in your contract ask yourself several key questions: ■ What portion of this clause is covered by my various insurance policies? ■ What are my peers doing in relation to accepting this type of clause? ■ Is the provision complex enough that I should have my lawyer review it so that I understand the uninsured risk? In the past, AEC claims involving breaches of confidentiality components have been relatively rare. However, design contracts are changing, as are theories of litigation. So, being thoughtful and proactive in your contractual review process and risk management practices can help you keep from having to deal with such claims, particularly in the face of elevated client expectations, rapidly evolving risks, and a changing legal climate. Lauren Martin is a risk manager and claims specialist at Ames & Gough. She can be reached at lmartin@amesgough.com.
LAUREN MARTIN, from page 9
members of the firm disclose information they shouldn’t, or when what should be a discrete discussion about a current project is overheard in a public place. That’s why it’s critical to make sure your entire staff is fully aware – and constantly reminded – of the confidential nature of client-related matters and properly trained to avoid any inadvertent disclosure. Furthermore, during your review of any design contracts, be sure to carefully check the clauses to determine what is classified as confidential, and that the language is not overly broad. You should also be very careful about damage spelled out in the contract that might be associated with these breaches. For instance, does the owner have to prove the breach to recover the damages? Can they be construed as “liquidated damages,” which are not covered by your professional liability insurance policy? Do the amounts stipulated exceed the actual damages incurred? Whether your professional liability insurance policy will respond to a claim related to a breach of the confidentiality clause will be based on the allegations. Most importantly, make sure that the requirements in the contract are what you would owe in the absence of the contract; in other words, that they are consistent with a negligent breach of the standard of care. If the allegations in a claim are based on negligence related to providing professional services, a defense to the claim should be provided. Firms that historically handle government contracts typically have strict office protocols with respect to all individuals entering and leaving the premises – including sign-ins with identifying information – to avoid the risk of any materials inadvertently getting into the wrong hands. Depending on the terms of your contract, consider implementing similar procedures on specific projects that are deemed as “highly secure.” In the current environment with growing numbers of sophisticated cyber breaches that have targeted businesses in all sectors the risk potential has mushroomed. Design firms, like all types of businesses, have vulnerabilities to this type of breach. Unfortunately, should a client make a claim, it is
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THE ZWEIG LETTER NOVEMBER 18, 2024, ISSUE 1562
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