Contract Review
XL offers a contract review service to our insureds. This review, from a risk management perspective, identifies potential risks being imposed in contracts. The contract review service can assist our insureds in contract negotiations and has allowed companies to make informed decisions on the risk and reward potential of projects and clients.

Contract Clause Guidance
XL has developed two separate risk control guidance documents on contract clauses – one for the Design Professional and one for the Contractor. Although a contract cannot guarantee that claims will be avoided, the contract can greatly control and reduce a firm’s liability exposure. These guidance documents provide information on contract clauses to consider and those to avoid in key liability areas, and can assist our insureds in identifying their risk exposures on projects and with clients.

Risk Assessment
XL can provide a risk assessment of a firm’s practices prior to binding coverage with XL as well as after coverage is in place. Conducted by telephone, in-person, or on-line, these assessments provide valuable information on the firm’s project delivery protocols, risk management practices, and contracting philosophies. It provides a third-party risk management professional’s view of the firm’s operations and can result in recommendations, supplemental resources and/or additional risk management services to further benefit the insured’s risk management operations.

Branch Office Risk Assessment Surveys
Branch offices extend a firm’s geographic reach but have also shown to expand a firm’s liabilities. Inconsistencies in the implementation and adherence to corporate risk management protocols can result in problematic consequences. XL risk management professionals can conduct a risk assessment of branch offices from a variety of perspectives, including adherence to corporate procedures and best management practices. Recommendations are provided to assist the firm in addressing the identified concerns.

Loss Prevention Educational Workshops
XL’s highly successful loss prevention training program includes modules in the following areas of professional liability education: Contract Development, Subcontractor Selection, Project Management, Claim Identification and Handling, Design/Build, Professional Ethics, Writing Defensively, Quality Assurance, and Site Safety Responsibilities of the Engineer. Additionally, XL is developing curriculum enhancements designed to target areas that may directly reduce claim frequency and severity: How to Review a Contract, Maintaining Contractual Integrity, What to do When Project Issues Arise, Case Study in Claims, and Mold Prevention. XL will work with our insureds to tailor a program that enhances the insured’s risk management practices.

Forensic Claims Analysis
An insured’s claims history can be analyzed for casual patterns and root causes. Based upon the analysis and recommendations, a customized lessons learned program can be developed to assist the insured in preventing similar claims in the future.

Project File Review
A sample of project files from one or more offices can be reviewed to determine consistencies and inconsistencies with standard company project file documentation procedures and best industry practices. A summary of the review’s findings will include recommendations to aid the insured with implementing procedures to promote consistent, organized and comprehensive project files that will assist in providing legal defensibility in the event of a claim.

Acquisition Assistance and Integration
A loss control survey of a potential acquisition target can be conducted to assist the insured with the pre-acquisition due diligence process. The survey examines the administrative, project management, and quality protocols and controls instilled on past and current projects, and the potential liabilities associated with the services provided by that firm. A summary of the survey findings and associated risk management concerns are provided.

OSHA Compliance Assessment
OSHA Compliance Assessments can be performed for construction projects. The assessment, provided by a qualified vendor in and around the insured’s project location, evaluates and advises on the construction site’s compliance with health and safety requirements of the Construction Standards of the Occupational Safety and Health Act. This service is applicable to construction companies as well as architects, engineers and consultants providing construction management services as OSHA can cite a construction manager as a “controlling entity” for safety violations caused by a subcontractor.

Professional Liability Bulletins
XL has an electronic subscription service available to our insureds on pertinent professional liability topics affecting architects, engineers, contractors, and consultants. A link to the newest Professional Liability Bulletin issue is provided monthly via email to our insureds who have provided us with their email address. If you are not receiving our publication, please log onto our website at www.xlenvironmental.com. Past issues have covered such topics as contract usage, design/build, limitation of liability and sustainable design. Past bulletins can also be accessed on our site.

Design/Build Training
XL can provide educational assistance to firms engaged in, or venturing into design/build delivery systems. XL can provide training in loss trends, risk exposures and contract forms.

Risk Bulletins
XL prepares Risk Bulletins on new and emerging trends and topics. Past bulletins have covered such topics as Mold in Construction and Subsurface Hazards for Drillers. Risk Bulletins are sent hard copy to segments of the industry most affected and are located on our website at www.xlenvironmental.com.

Mold Training / Mold Plans
XL offers training workshops covering the risk exposures associated with mold in construction. The workshop focuses on minimizing the potential for mold growth and provides a discussion on mold claims. Additionally, resources are available to assist design professionals and mechanical contractors in limiting their exposures to mold claims. A sample mold program is available as a starting point for firms to begin developing their own plan. As this is an emerging trend in the industry, XL continues to develop tools and resources on this subject.

Construction Environmental Training
This training program is specifically designed for non-environmental companies to increase their awareness of environmental issues that affect their industry. The program features the following seminars:

- Environmental Liabilities
- Asbestos Standard
- Lead Standard
- Silica Exposure and Prevention
- Mold Awareness
- Stormwater Pollution Prevention