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Professional Liability

Overview

As a professional, your reputation is your most valuable asset. When allegations of professional liability and errors and omissions place that asset at risk, MG+M can help. From architects, engineers, and construction managers to insurance agents and carriers, our attorneys have defended professionals in numerous high-risk cases across the United States.

Our extensive trial experience helps us quickly and thoroughly evaluate every claim against you, looking at the facts, the law, and the contracts. We understand that in most cases, the best resolution is an early one, and we excel at finding innovative ways to make claims disappear without undue expense and publicity. When alternatives are not workable, or when you want to take a stand at trial, we are prepared to represent you aggressively at every stage.

Claims prevention—going the extra mile
In addition to defending you against specific claims, we work closely with you to reduce the overall risk of a claim ever being filed. At the outset of a project, we can analyze contracts and suggest ways to minimize your exposure and limit or transfer liability. In addition, we can conduct seminars and training at your offices on claim prevention and damage control. By taking a proactive approach, we can often help you avoid professional liability claims and their impact on your reputation and earnings.

Caring partners who put you first
From the beginning to the end of your case, we treat you as an equal partner in decision-making and strategy.  We make sure on day one that you fully understand the risks, and that we fully understand your goals. We communicate with you frequently and clearly about the status of your case, changes in tactics and strategy, and projected expenses. Most important, we are committed to doing what is in your best interest, not accruing courtroom or billable hours.

Experience

  • Obtained dismissal with prejudice of an $18 million claim against a California architect by showing that the contractor had decided not to follow the architectural plans and specifications which resulted in water intrusion and mold damage in a hotel in Northern California.

  • Obtained a favorable ruling on a motion for summary judgment for a structural engineer on a public works project on the grounds that the general contractor failed to perform the work in compliance with the structural drawings and specifications.

  • Obtained summary judgment in favor of a California architect on a $1 million claim based on a statute of limitations argument that relied on a contractual manifestation provision contained in the Standard Form AIA Document 201-1997.

  • Settled a $500,000 negligence claim against a structural engineer for less than the reporting limit, avoiding both potential liability at trial and the requirement to notify the structural engineering board of the settlement.

  • Obtained dismissal of an insurer’s claim for water damage against the designer of a fire alarm system, by showing that the contract contained a waiver of subrogation provision.

  • Successfully defended a design professional in a multi-million dollar case involving claims against our client for alleged cost overruns; and claims by our client for unpaid invoices in connection with the design and installation of a structural detailing at a high school in California. We resolved the dispute by showing that the detailing problem was in the installation, not the design, and were paid 100 percent of the fees owed.

  • MG+M represented a high profile attorney in claims brought by a former client alleging legal malpractice for inadequately disclosed investment decisions and mismanagement of assets resulting in the loss of $34 million.  MG+M performed an exhaustive review of the investment portfolio’s many assets created by the client for the benefit of the plaintiff.  Following extensive discovery pertaining to the scope of our representation and MG+M’s client’s practice, the parties resolved the matter for an amount well within the available insurance proceeds. 

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