Title: Water Treatment Contract Problems - Who's Damaged - Who Pays
Learner Objectives:
WaterColor Management made a similar presentation in 2016, but time has marched on in several ways. Our firm has had a number of new experiences which demonstrate how poor contracts contribute to both risk management and claims problems for water treatment operations. So, the presentation provided in 2016 will be updated with new examples and some new model language for contract management.
Content/Topic Outline:
I. Discussion of the four corners principle of contracts
2. Specific Water Treater Problems caused by poor or no contract language
3. Pushing back on client's demands for indemnity
4. Examples of contract language to prevent problems
5. Question and Answer session
Handouts available for attendees
Presenter:
Primary presenter: Donald L. Cleveland, President Water Color Management
Presentation Description:
This presentation is designed to keep the owners, operators, administrators of most water treatment industry segments out of trouble because they've signed the wrong contract. That is they entered into an agreement that's like swiss chees with lots of holes or they haven't pushed back on some rediculous indemnity demands from their clients. Accidents and damages happen, but your contracts don't have to be an accident ready to happen. If you only believe in hand shakes, you are destined to be involved in legal issues over and over again. If the water treater doesn't have his or her own contract ready to go to present to the client, then it's always a backpeddling motion from there. AWT members shouldn't forget to add risk management costs and actions to thier contracts.
Presenter Bio:
Donald L. Cleveland
Currently serving as President and Chief Underwriter of MPR-Fintra Alabama, Inc. dba WaterColor Management and President, MPR-Fintra, Inc. located in Boca Raton, Florida. MPR-Fintra is part of the Fintra Cluster presently consisting of the Boca Raton office, the Decatur, Alabama office and the Hamilton, Bermuda office. All three locations are “free standing” operations, but with some integrated management and marketing. MPR-Fintra, Inc. continues to concentrate of two primary aspects of insurance operations: wholesale MGU/MGA activities and development of alternative risk structures for large single parent operations and groups and associations. The MGU/MGA operations have included underwriting responsibilities for general liability, excess liability and property for a London lineslip as coverholder. MPR-Fintra has also served as an underwriting consultant to a mutual insurance company, consultant to a multi-risk construction trucking safety group, and a large group self insured workers compensation group. Member of BOMA, International and served on the Security Committee and Governmental Affairs Committee. Member of RIMS, Broward County Chapter, and ISO Service Subscriber. Also a member of the Association of Water Technologies and the Water Quality Association. Cleveland holds a masters degree from the University of Nebraska and a Bachelors degree from Creighton University. While working as the assistant director of research for the Minnesota legislature he staffed the committees on Environment, Conservation and Metropolitan and Urban Affairs. He also served as the legislative liaison to the Minnesota Water Resources Coordinating Committee and the Great Lakes Compact Commission. He later served as the director of Risk Management for the largest public constuction autority in the United States where he managed risk on over $9 billion in construction, supervised claims and litigation on complex construction claims and placed and supervised coverage on over $14 billion in prpoerties from mid-town Manhattan to the Finger Lakes in New York State.