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ON THE MOVE BOWMAN CONSULTING GROUP LTD. APPOINTS DAN SWAYZE EXECUTIVE VICE PRESIDENT OF ENERGY SERVICES Bowman Consulting Group Ltd. announced that it has appointed Dan Swayze, PE, as executive vice president of Energy Services to lead the continued expansion of the company’s renewable energy business. Swayze brings more than 25 years of experience in consulting engineering serving in a number of leadership roles related to renewable energy and energy efficiency. Most recently, he was chief operating officer at Onyx Renewable Partners L.P., a national renewable energy developer and financier established by Blackstone in 2014. In this position, he led the engineering, procurement, construction and asset management divisions of the New York City-based company. “Over the past 10 years, I’ve known Dan well and have respected him as a leader in the engineering and energy consulting business,” said Bowman CEO Gary Bowman. “Dan is passionate about the

business opportunities presented by the energy transition and I’m delighted that he will be leading the implementation of our strategy to make renewable energy and energy efficiency one of our primary market segments.” During his nearly six years at Onyx, Swayze also served as the interim co- chief executive officer and managed the engineering division, where he supported the implementation of the design of renewable energy projects from development to construction. “Bowman is uniquely positioned to help our clients meet their ESG and energy transition goals,” said Swayze. “Through a reliable and thoughtful approach to engineering and consulting, we will support our clients as they implement various decarbonizing and energy saving strategies including renewable energy, energy storage, electric vehicle charging systems and energy efficiency. In addition, as advanced through recent legislation, our team will work with

our clients to both upgrade electric transmission networks and utilize hydrogen as a cleaner source of energy.” “We want our clients to know that we are committed to their success,” he added. “I’m excited to be part of Bowman’s growth. I can’t wait to see where we lead this sector and how the infrastructure and national footprint of the company will expand.” Swayze also held a variety of increasingly complex engineering leadership positions at companies across New Jersey. He has a bachelor’s degree in civil engineering from the Pennsylvania State University, an master’s degree in environmental engineering from the New Jersey Institute of Technology and an MBA in finance from Rutgers University. Headquartered in Reston, Virginia, Bowman is an engineering services firm delivering infrastructure solutions to customers who own, develop and maintain the built environment.

professional’s coverage at risk should a problem arise. The reason owners and project managers require design firms to obtain insurance in the first place is so that it will respond should there be a breach of the standard of care. “Keep in mind that while design professionals are required to provide their services in a non-negligent manner, they are not required by law to be perfect.” Significantly, a breach of warranty is a much easier claim to successfully make against a design professional, as proof of negligence is not required. Keep in mind that while design professionals are required to provide their services in a non- negligent manner, they are not required by law to be perfect. MAKE YOUR CASE! When negotiating a contract, a design firm’s talking points might include pointing out the owner’s express desire to have any insurance coverage they contractually require design firms to purchase available to respond should a problem arise. If the negotiation also involves the owner’s attorney, a relevant question might be to inquire if the attorney provides guarantees with respect to their professional services. 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

In applying them to design contracts, however, they either may not understand (or simply don’t want to understand) the difference between providing construction work and design services. Design is a professional practice. It’s generally subject to interpretation and nuance and is by no means an exact science. Thus, the application of standard of care is the appropriate cause of action should mistakes arise. Construction work, on the other hand, involves the use of materials and equipment, installation, and other measures, all of which are either correctly implemented and operating – or not. Another critical distinction between design professionals and construction contractors can be found in the vast differences in the types of insurance available to them, their contractual relationships, and ability to pass along to other project participants the risk of warranties and guarantees. In effect, contractors can take into consideration the knowledge that they are providing warranties when setting their profit margins, as can their subcontractors. On the other hand, design professionals have no insurance protection that responds to warranties. At the same time, their consultants and subs will have a similar policy exclusion, so there effectively is no one to whom the risk might be passed along. Furthermore, it is not in the client’s interest to include a provision in a contract that automatically puts the design

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THE ZWEIG LETTER NOVEMBER 14, 2022, ISSUE 1465

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