Join Sue Yoakum, AIA, Esq., and Jeffrey Kennard, Esq., as they lead you through everything you need to know about professional liability to protect yourself and your firm. Whether you are early in your career or well-established, this important topic is one you will not want to miss. 

Description
This course examines Professional Services Agreements as a critical risk management tool for design professionals. Participants will learn how contract provisions allocate risk among project stakeholders and how certain terms and conditions can create disproportionate or uninsurable liability exposure. The session will review key contract clauses, including the standard of care, indemnification, limitations of liability, and related risk-shifting provisions. Attendees will gain practical strategies for identifying problematic language, evaluating its potential impact, and negotiating contract terms that promote a fair and insurable allocation of risk.

Learning Objectives
Upon completion of this course, participants will be able to:

1. Identify contract provisions commonly considered unacceptable or high risk in Professional Services Agreements and evaluate their potential impact on professional liability exposure.

2. Explain the concept of the professional standard of care and assess how its definition and application affect contractual obligations and risk allocation.

3. Analyze key contract clauses, including indemnification, limitation of liability, insurance, and other risk-shifting provisions, to determine their effect on a firm's risk profile.

4. Apply practical negotiation strategies to revise unreasonable contract language and develop agreements that fairly allocate risk among project stakeholders.

Agenda
5:30pm Networking
5:45pm Presentation
7:00pm Networking

Light food & beverage will be served. 
This event is open to current AIA or Assoc. AIA members.
This program is worth 1 L.U.

About the Presenters

Jeffrey A. Kennard is a Shareholder at SAKG, serving as chair of the firm’s Construction & Design practice group and as a member of its Business & Commercial Litigation group. With nearly three decades of experience, Jeff represents owners, contractors, design professionals, and businesses at all phases of construction projects—focusing on dispute resolution involving project delays, contract claims, and defective construction for ventures ranging from refineries and military facilities to sports stadiums and commercial developments.

Jeff has tried or arbitrated more than 30 cases to verdict or award, earning industry honors such as recognition in The Best Lawyers in America and Missouri Lawyers Media’s POWER List. His clients—public companies, major private businesses, and small enterprises—rely on him for his practical judgment, technical proficiency, and strategic advocacy in high-value matters. Jeff also serves on the American Arbitration Association’s National Panel of Construction Arbitrators, underscoring his commitment to effective and fair dispute resolution. His leadership and proven track record set the standard for excellence in construction and commercial litigation.

Sue E. Yoakum, is an attorney and a licensed architect with approximately 30 years of domestic and international experience in design and construction. She focuses her practice assisting design professionals by providing claims and risk management assistance, contract reviews, and other related legal services. Sue frequently presents risk management seminars and has spoken at several national conferences, including; AIA, ACEC, DBIA, IRMI, PLI and ABA Construction Forum.

She frequently authors articles and has contributed to following books; Megaprojects: Challenges and Recommended Practices, published August 2010 by American Council of Engineering Companies and has authored a chapter in the AIA’s 15th edition of The Architect’s Handbook of Professional Practice. She is a liaison to the AIA Documents Committee.

Prior to pursuing her legal career, Sue practiced architecture for a decade with a focus on sport projects.

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