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Municipal Indemnity Update 12/15/09


!!Risk Management Alert!!
County of Erie
Requiring Uninsurable Indemnity

Since our last alert there have been continued efforts to negotiate an insurable indemnity provision.  Representatives from the American Council of Engineering Companies (ACEC), and insurance consultants will be meeting with Erie County Executive, Chris Collins and County Attorney, Cheryl Green on Thursday, December 17th to further discuss the issue.

 

We understand many design firms have pending contracts with the County.  The insurability issue still remains and while the decision to enter into an agreement with the County is each firm's business decision, we feel significant risk still exists.

 

In an effort to impress upon the County the burden their indemnity requirements place upon the design community, we ask that you contact County Executive Collins' office and express your concern.  While we're hoping Thursday's meeting will result in a positive outcome, it is imperative that the County understands the widespread impact of this indemnity.

 

We urge all design professionals to seriously consider the risk management issues of these indemnity obligations and to continue the effort to educate the County regarding the undue financial burdens these contract provisions could impose.

 
Jim 
 Jim Maxson
 
Promark Agency
 
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Please forward this to any design consultants doing business with the County of Erie or the City of Buffalo.
 
 
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