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ON THE MOVE RICHARD BRADY & ASSOCIATES APPOINTS WILLIAM SIEGEL AS PRESIDENT San Diego based Richard Brady & Associates announced that William Siegel, P.E. has been appointed president of the company. Siegel is an industry veteran and a proven business leader, with a record of accomplishment of driving profitable growth and expansion. “I am pleased to be joining such a well- respected and capable team. I have worked with Rick Brady for nearly 25 years, and watched the impressive growth of BRADY. I am excited to be a part of the next chapter in the company’s history,” said Siegel.

BRADY is a recognized leader in the water supply marketplace, with extensive experience ranging from local projects to global engagements. “We are thrilled tohave someone of Bill’s caliber join our team,” said Rick Brady, founder and CEO. “He brings a broad industry view coupled with demonstrated experience in building businesses.” Siegel’s previous experience includes serving as CEO and chairman of the board of Kleinfelder, an ENR Top 50 science and engineering consulting firm, where he developed and executed a successful strategy to diversify and expand globally. After his tenure with Kleinfelder, he established a

successful management consulting practice, which included training, strategic analysis and Board service. Within the broader industry, his past recognition includes being elected chair of the Design Professionals Coalition, the trade group that is representing the largest consulting engineering companies in the U.S. Siegel is an accomplished engineer, with a long list of impressive projects and a number of professional papers and presentations to his credit. BRADY is an engineering firm internationally recognized for designing some of the world’s largest water and wastewater projects completed in the past 30 years.

WAYNE MARSHALL, from page 11

This won’t take the place of a robust stand-alone cyber-liabil- ity insurance policy or cover losses arising from social engi- neering schemes. However, it could provide limited coverage to assist insured design firms with breach investigation and response, often including the cost of required credit monitor- ing for clients directly affected by the breach. 5)Dodd-Frank. The Dodd-Frank Wall Street Reform and Con- sumer Protection Act of 2010 requires municipal advisors to register with the U.S. Securities and Exchange Commission. Because they provide advice to a municipal entity on financial products or securities, they have a fiduciary duty to the mu- nicipal entity. While the SEC does not require engineers to register as mu- nicipal advisors for providing engineering advice, such as fea- sibility studies, cash flow analysis, and similar services related to a project’s engineering aspects, the exemption does not apply to advice an engineer might provide regarding munici- pal financial products, financing, or the issuance of municipal securities. Several insurers have added supplemental coverages to re- imburse design firms for legal fees and expenses incurred in responding to regulatory or administrative actions brought against them under the Dodd-Frank Act. Typically, the cover- age applies only when the actions arise out of professional services allegedly committed by the insured. It typically does not reimburse insureds if the actions involve services per- formed by the insured in the role of municipal advisor. Other popular supplemental coverages address media/ personal injury liability that extends beyond copyright infringement to include other exposures related to professional services; pollution arising from professional services as well as from the performance of contractor services; and coverage for crisis events, including the costs of consulting services (such as public relations firm expenses) to help preserve the insured firm’s reputation. Keep in mind that not all the coverages described in this article are available from all insurers. Take time to review and understand any new or enhanced supplemental coverages available under your policy and note those most timely and valuable to your firm. WAYNE MARSHALL is vice president of Ames & Gough and head of the firm’s New York operations. He can be reached at wmarshall@ amesgough.com.

design-related problem that could result in a claim. In such cases, your PLI insurer may pay remedial expenses to correct the problem and minimize the potential exposure. Suppose water intrusion is identified on a project and your firm is reasonably certain it’s at least partly due to a design defect involving the building envelope. If your policy provides rectification coverage, you would report the matter to the insurer before a claim is made by the owner or contractor. The insurer and your firm will then work out a solution with the insurer paying the cost to correct the problem, subject to the rectification coverage sublimit, deductible and applicable coinsurance. A key caveat: Don’t admit or concede liability to the client or prospective claimant without first seeking and obtaining the insurer’s approval. Such mistakes may jeopardize any poten- tial coverage. Similarly, don’t commit to pay for any repairs or damages without first getting your insurer’s written approval. “Keep in mind that not all the coverages described in this article are available from all insurers. Take time to review and understand any new or enhanced supplemental coverages available under your policy and note those most timely and valuable to your firm.” 3)Disciplinary or regulatory action coverage. Many PLI poli- cies now include a supplementary coverage in addition to the policy’s limits that reimburses an insured firm for legal fees and expenses incurred in the defense of a disciplinary or regu- latory action. While not subject to the policy’s deductible, the coverage typically has a sublimit. Examples include disciplinary hearings by the governing professional board or violations of the Americans with Dis- abilities Act of 1990 as a result of professional services on a project and similar matters. 4)Limited cyber insurance. Some A/E PLI policies provide a minimal level of cyber security coverage to assist the insured with third-party benefits as a result of a cyber breach and theft of confidential client information.

THE ZWEIG LETTER April 2, 2018, ISSUE 1242

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