Review of Richard 0. Gamble II, How to Reduce Professional Liability for Engineers and Architects (Noyes Data Corporation 1987) Foreword, references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth $36.00. Mill Road, Park Ridge NJ 07656.

Swanson, Erik C.

English

UNH Scholars' Repository

RISK: Health, Safety & Environment (1990-2002)Volume 5 | Number 4 Article 9September 1994Review of: Richard 0. Gamble II, How to ReduceProfessional Liability for Engineers and ArchitectsErik C. SwansonFollow this and additional works at: https://scholars.unh.edu/riskPart of the Industrial and Product Design Commons, Law Commons, and the Risk AnalysisCommonsThis Book Review is brought to you for free and open access by the University of New Hampshire – School of Law at University of New HampshireScholars' Repository. It has been accepted for inclusion in RISK: Health, Safety & Environment (1990-2002) by an authorized editor of University ofNew Hampshire Scholars' Repository. For more information, please contact ellen.phillips@law.unh.edu.Repository CitationErik C. Swanson, Review of: Richard O. Gamble II, How to Reduce Professional Liability for Engineers and Architects, 5 RISK 355 (1994).Book Reviews 355Richard 0. Gamble II, How to Reduce Professional Liability forEngineers and Architects (Noyes Data Corporation 1987) Foreword,references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth$36.00. Mill Road, Park Ridge NJ 07656.]The attitude towards "design professionals," i.e. both architects andengineers, 1 has changed greatly in recent years. No longer are designprofessionals seen as infallible or beyond reproach.2 Those who performdesign services now face an increased threat of liability for their work. Ascourts repeatedly enforce trade-adopted standards, more opportunities forlawsuits are emerging.3 While ethical codes have not traditionally beenlegally binding, court adherence to these codes is on the rise, and they arebecoming the definitive yardstick against which designers' actions aremeasured. Also, designers may now shoulder more responsibility for theactions of other project participants. Such developments require adoptionof enhanced litigation avoidance strategies, and professionals interested inpractical solutions, as well as justification, will find this book invaluable.Gamble's discussion is written for the non-legal audience and beginsby overviewing types of litigation most relevant to design professionals,including design ethics (governed by various trade-adopted codes),contract-based obligations and general public safety requirements.According to Gamble, when faced with expanding liability, the best wayto avoid trouble is simply to improve the quality of one's work,4 and hebriefly treats the legal concept of negligence as related to designers.However, his book is generally organized around three key phases ofthe design process - contract negotiation, product design andconstruction. He explores the risks associated with each phase, providingspecific recommendations where appropriate. This arrangement isincredibly easy to follow.1 As defined by Gamble.2 At1.3 Id.4 At 101.5 Risk- Health, Safety & Environment 351 [Fall 1994]As indicated by a title promising to reduce, not eliminate, liability,Gamble shows awareness that careful planning cannot eliminate a threatof liability, much less litigation. Thus, the last third of his book addressesvarious forms of dispute resolution and compares and contraststraditional litigation, arbitration and mediation. Here, Gamble identifiesrelative advantages and disadvantages without using legal jargon. Alwaysgrounded in reality, he also examines professional liability insurance as ameans for surviving disputes that are resolved unfavorably.Gamble's book packs a large amount of useful information into asmall package. Aimed at design professionals (not lawyers), it isappropriately devoid of legalese. Most included suggestions are proactive,i.e., designed to reduce the threat of litigation. Further (and maybe mostimportantly), it provides simple, practical and honest approaches thatdoes not feature the exploitation of such legal loopholes as may exist.How to Reduce Professional Liability.., ends with a summary thatnot only provides closure but also a helpful review. While not exhaustive,Gamble's book certainly lays a foundation for design professionals toidentify (and minimize) potential litigation risks. It is highlyrecommended.While a small thing, it warrants noting that readers for whomappearance and quality are inextricably linked may struggle with the waythe book has been produced. Aside from a high-quality cover, the book isan inexpensive reproduction of a typed manuscript. Readers who canignore this distraction will learn much of value.Erik C. Swanson tt Mr. Swanson received his B.S. (Mechanical Engineering) from the University ofMiami. He is a candidate for the J.D. at FPLC, emphasizing intellectual property law.

Review of: Richard 0. Gamble II, How to Reduce Professional Liability for
Engineers and Architects

University of New Hampshire

RISK: Health, Safety & Environment (1990-2002)
Volume 5 | Number 4 Article 9
September 1994
Review of: Richard 0. Gamble II, How to Reduce
Professional Liability for Engineers and Architects
Erik C. Swanson
Follow this and additional works at: https://scholars.unh.edu/risk
Part of the Industrial and Product Design Commons, Law Commons, and the Risk Analysis
Commons
This Book Review is brought to you for free and open access by the University of New Hampshire – School of Law at University of New Hampshire
Scholars' Repository. It has been accepted for inclusion in RISK: Health, Safety & Environment (1990-2002) by an authorized editor of University of
New Hampshire Scholars' Repository. For more information, please contact ellen.phillips@law.unh.edu.
Repository Citation
Erik C. Swanson, Review of: Richard O. Gamble II, How to Reduce Professional Liability for Engineers and Architects, 5 RISK 355 (1994).
Book Reviews 355
Richard 0. Gamble II, How to Reduce Professional Liability for
Engineers and Architects (Noyes Data Corporation 1987) Foreword,
references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth
$36.00. Mill Road, Park Ridge NJ 07656.]
The attitude towards "design professionals," i.e. both architects and
engineers, 1 has changed greatly in recent years. No longer are design
professionals seen as infallible or beyond reproach.2 Those who perform
design services now face an increased threat of liability for their work. As
courts repeatedly enforce trade-adopted standards, more opportunities for
lawsuits are emerging.3 While ethical codes have not traditionally been
legally binding, court adherence to these codes is on the rise, and they are
becoming the definitive yardstick against which designers' actions are
measured. Also, designers may now shoulder more responsibility for the
actions of other project participants. Such developments require adoption
of enhanced litigation avoidance strategies, and professionals interested in
practical solutions, as well as justification, will find this book invaluable.
Gamble's discussion is written for the non-legal audience and begins
by overviewing types of litigation most relevant to design professionals,
including design ethics (governed by various trade-adopted codes),
contract-based obligations and general public safety requirements.
According to Gamble, when faced with expanding liability, the best way
to avoid trouble is simply to improve the quality of one's work,4 and he
briefly treats the legal concept of negligence as related to designers.
However, his book is generally organized around three key phases of
the design process - contract negotiation, product design and
construction. He explores the risks associated with each phase, providing
specific recommendations where appropriate. This arrangement is
incredibly easy to follow.
1 As defined by Gamble.
2 At1.
3 Id.
4 At 101.
5 Risk- Health, Safety & Environment 351 [Fall 1994]
As indicated by a title promising to reduce, not eliminate, liability,
Gamble shows awareness that careful planning cannot eliminate a threat
of liability, much less litigation. Thus, the last third of his book addresses
various forms of dispute resolution and compares and contrasts
traditional litigation, arbitration and mediation. Here, Gamble identifies
relative advantages and disadvantages without using legal jargon. Always
grounded in reality, he also examines professional liability insurance as a
means for surviving disputes that are resolved unfavorably.
Gamble's book packs a large amount of useful information into a
small package. Aimed at design professionals (not lawyers), it is
appropriately devoid of legalese. Most included suggestions are proactive,
i.e., designed to reduce the threat of litigation. Further (and maybe most
importantly), it provides simple, practical and honest approaches that
does not feature the exploitation of such legal loopholes as may exist.
How to Reduce Professional Liability.., ends with a summary that
not only provides closure but also a helpful review. While not exhaustive,
Gamble's book certainly lays a foundation for design professionals to
identify (and minimize) potential litigation risks. It is highly
recommended.
While a small thing, it warrants noting that readers for whom
appearance and quality are inextricably linked may struggle with the way
the book has been produced. Aside from a high-quality cover, the book is
an inexpensive reproduction of a typed manuscript. Readers who can
ignore this distraction will learn much of value.
Erik C. Swanson t
t Mr. Swanson received his B.S. (Mechanical Engineering) from the University of
Miami. He is a candidate for the J.D. at FPLC, emphasizing intellectual property law.


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