It seems as though Landscape Architects are being called upon to provide ever more services to the owner/client. In fact, more and more find the Landscape Architect acting in the role of general contractor on certain projects. Beware of working in this capacity unless you are being generously compensated since the exposures to claims can be overwhelming

You cannot be specific enough

Quite often I review construction contract documents that seem somewhat vague in defining the scope, role and responsibility of the Landscape Architect that never works in your behalf and usually ends up being a contributing factor in a claim. You cannot be specific enough in detailing what you are responsible for. Furthermore, rather than just remaining silent or omitting those tasks that should be outside your responsibility, make certain they are addressed and assigned somewhere in the contract. Important provisions like “job site safety” cannot just be left to chance. Something so important should be assigned to someone, and better the landscape contractor (or anyone for that matter) than you.

?EUR??,,????'??Job site safety?EUR??,,????'?? may not have such an onerous ring to it to a non-insurance person. The courts often find the wording “job site inspection” to hold a high degree of responsibility for safety. Those three little words “job site safety” can make all the difference in a claim from a job site incident, especially if you are thought to be partially responsible because of vague contract language. The people sitting on the jury will be deciding for you whether you share any responsibility if a contract is not specific enough. You don’t have to be behind the wheel of a front loader that injures a worker to be found responsible. You don’t have to be helping a worker who cuts a high voltage electric cable and becomes injured or killed to be found at least partially responsible; you need only to have vague contract language.

Defending Yourself

Next comes the issue of your defense in such a claim. Your E&O (professional liability) will not defend you since that policy excludes such incidences and is intended to cover design errors, flaws, etc. It is appalling how many Landscape Architects do not carry comprehensive general liability. The fault usually rests with their insurance agent who more often than not does not fully understand what it is that you do. You can have significant exposure at job sites, that is why you carry comprehensive general liability (CGL) since just general liability only covers your office and it’s a rarity for a non-employee to get hurt there.

Covering Your Assets

One important additional coverage to purchase with your CGL should be the Broad Form Comprehensive General Liability endorsement. This is not expensive but picks up some very important exposures including host liquor liability. This protection covers you for job-related entertainment if you buy a drink (you are the host) for someone and they leave and hurt a third party. You will be found partially responsible for their resulting damage or injury. This coverage provides your defense, but without it you will be defending yourself in such a claim. Ask your agent if you now have comprehensive general liability with broad form CGL endorsement. If he asks why you need it, send him a copy of this article just before you change agents.

The Insurance Company Will ?EUR??,,????'??Subrogate?EUR??,,????'??

Why all this fuss about job safety? If the contract infers, implies or suggests job site safety is specifically assigned to someone and anyone is hurt, the victim will undoubtedly seek relief under workers compensation. The insurance company providing those benefits will then be looking for any means to be compensated, especially if safety was a responsibility of a third party. They will “subrogate,” which means make a claim, to recover their losses against the person or firm who was assigned the role of job site safety.

In closing, make your contracts specific including who was directly responsible for what. Make sure everyone on the project is insured and do so at the beginning before work begins. Carry the proper coverages yourself and practice the three-d’s. Document, document, document.