TZL 1458 (web)

TRANSACTIONS MCW GROUP OF COMPANIES ACQUIRES MASKELL PLENZIK & PARTNERS ENGINEERING INC. The MCW Group of Companies announced it completed the acquisition of Alberta-based Maskell Plenzik & Partners Engineering Inc. Founded in 1999, MP&P has offices in Edmonton and Calgary, and specializes in electrical, lighting, communications, security, and forensic consulting engineering services for the built environment. “We are excited at the prospect of what MP&P can bring to MCW. Their innovation and expertise in power systems, lighting, communications, life safety, security,

urban development, and forensic investigations will further strengthen MCW’s presence in Alberta, and allow for continued growth in multiple service areas across Canada,” said James Furlong, managing partner at MCW. “MP&P was built by passionate, motivated engineers who have earned a strong reputation in delivering creative but practical solutions for our clients, and we see similar values within MCW,” said Ken Maskell, principal of MP&P. “We are thrilled to be joining a larger, national organization to not only provide more value for our clients, but to also take on a larger, more diverse range of projects.”

In joining MCW, current MP&P principals, Ken Maskell and Mauro Plenzik, will become principals with MCW, and all existing partners, associates, and staff will be an integral part of MCW’s operations in Alberta, providing service under the banner MP&P: Powered by MCW. MP&P is a dynamic electrical engineering firm, providing a broad range of consulting services and solutions based on innovation and experience. Foundedin1964,MCWprovidesinnovative mechanical and electrical consulting engineering, energy management, and engineering development services.

with the contract. These firms become less of a natural target should problems arise, because a mutual respect has been created. DOCUMENTING AMOUNTS DUE IS HELPFUL IN CLAIM RESOLUTION. Billing for all services rendered and documenting amounts due are also critical should a claim arise. Notably, creating the paper (or email) trail helps establish that the money owed your firm is indisputable. There are various exclusions related to fees in your professional liability insurance policy. However, if it is clear from documented correspondence that the client agreed the money is owed during the project, then if a claim is made it becomes easier to argue that a waiver of fees due should be part of the settlement agreement and count as indemnity dollars against the deductible. While there are no guarantees fees waived will be honored by the carrier as “real” contribution, documentation strengthens the argument that they should be treated accordingly. This reduces the likelihood your firm will have to both pay its deductible and contribute the unpaid fees as part of a claim settlement. Alternatively, if the carrier won’t consider this, it makes for a much stronger case for an exchange of checks at the settlement. Finally, design firms should avoid compromising a fee without getting something in return. If a client wants you to write off part of your fee, get an agreement with them that ends your relationship and settles all known issues to date. It can be an informal release that sets the terms of the agreement (technically, a settlement) and can protect you from becoming involved in frivolous litigation in the future. If the amount in controversy is large enough, you may want to involve your carrier or consult a lawyer regarding language. Ask them to make sure the document is simple and free of legal jargon. It should indicate that all parties agree that the fee forgiven is the final resolution of all known issues on the project. Lauren Rhodes Martin is a risk manager and claims specialist at Ames & Gough. She can be reached at lmartin@amesgough. com.

LAUREN RHODES MARTIN, from page 9

short email so you have a history to dispute the new story, should that occur. This creates a record and prevents clients from changing their story. 3. Assess interest on unpaid fees as stipulated in your contract. If your contract calls for interest on unpaid fees, assess it regularly. This has been put in the contract, agreed to, and is in there for a reason. It also can be negotiated away if you are inclined to do so later. However, it is harder to make a case in any negotiation over payment for if you have not included the interest charges in your invoices. 4. Don’t overlook charging for additional services. You are entitled to be paid for your designs, especially when the reason for a redesign is unclear. If you provide it at no charge, a “fact finder” (often a person outside the industry) will not understand that you did it for the good of the project. The contractor undoubtedly will have submitted a change order. If you’ve done the design for free, it may be assumed that the absence of a charge was from a sense of responsibility. UNBILLED WORK, A POTENTIAL DISADVANTAGE IN DISPUTES. Keep in mind, other professionals do not provide services for free. Furthermore, nearly every judge, juror, or even arbitrator has had experience with other professionals. Yet only a handful of them may have experience with the design community. While a design professional may recognize the reluctance to charge for additional services as a common practice, a fact finder won’t hold the same view. When work is performed without compensation, it is hard to convince an objective outsider that your firm didn’t have responsibility for the issue. Designers are problem solvers and strive to help solve problems. Nonetheless, firms should be paid for services that lead to that resolution. In deciding whether to bill for additional services, design firms might consider how their billing practices might affect the perception of their firm. Generally, clients treat designers differently who ask for payment professionally and in keeping

THE ZWEIG LETTER SEPTEMBER 26, 2022, ISSUE 1458

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