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Architecture and Engineering: Managing New Risks in a Rapidly Changing Industry

Paul Dietrich and Brad Gow

The architecture and engineering professions are undergoing a period of unparalleled change brought about by rapid advances in computing and communications. Technology has transformed everything from project design to client communications in the daily practice of the design professions. The effects of these extraordinary changes are being seen publicly in daring new skyscrapers around the world and more subtly in the use of new materials and in more efficient manufacturing and industrial processes.

In architecture, the use of computer-aided design has enabled imaginative designs such as the proposed twisting structure of the Freedom Tower on the site of the World Trade Center in New York City.(1) Computer design software has allowed architects to move from two-dimensional blueprints to three-dimensional visualizations. Now, architects can take their clients on computerized room-to-room tours long before construction begins and escort them through virtual lobbies to show off the planned interiors in minute
detail.

For engineers, design software allows modeling and testing of virtual prototypes before anything is built. Engineers can view sophisticated three-dimensional renderings of complex parts or systems with critical design information. Manufacturers a world away can take those three-dimensional renderings and use them as virtual parts in their own designs. Technology has enabled engineers to collaborate remotely on designs with colleagues in other cities, with client companies, and in other countries.

The huge advances in information technology that have brought about new and more efficient ways of working, however, also have created pitfalls for unwary architectural and engineering (A&E) firms where risk management strategies have failed to keep pace. A&E firms now face exposures in areas such as intellectual property and software copyright that have been viewed as the province of multimedia or technology companies. They bear new responsibilities in terms of network security, especially in a post-September 11 world where plans for infrastructure projects can be high-value targets for terrorists.

Management of the new risks, however, is complicated by the fact that the new exposures often are not addressed in standard insurance policies for A&E firms. While the insurance industry has built up a great deal of expertise both in the A&E sector and in the technology sector, the expertise in one field may not be brought to bear in the other. That means that A&E firms need to recognize the new exposures, to manage their risks accordingly, and to communicate their best-practice efforts to underwriters.

In this article, we will talk about the emerging exposures faced by architectural and engineering firms that have been brought on by new technology; the actions those firms can take to protect themselves; and how traditional industry-specific insurance policies may fail to address the new risks.

New Technology and New Risks
Regulation of the building and design professions has a history almost as long as civilization. Professional liability for builders was first addressed 4,000 years ago by King Hammurabi. In his code of laws, the Babylonian king specified death for builders as well as repayment for any damage to property if the faulty construction of a house led to the death of its owner.(2)

As building technology has progressed over the centuries — from adobe bricks to stone arches in Roman and Medieval times, iron bridges in the Industrial Revolution, and today’s steel-framed, glassclad skyscrapers — a more modest and varied set of penalties for design faults by architects and engineers has evolved into contemporary law. The insurance industry, for its part, has developed comprehensive coverage for those professions in their traditional areas of responsibility — designing buildings, infrastructure, machinery, and industrial processes. The rise of new technology, however, has brought new liabilities.

Compared with the very long histories of architecture and engineering, the development of information technology has been astonishingly rapid. The computer age dates to Valentine’s Day, 1946, when the Electronic Numerical Integrator and Computer, or ENIAC, was dedicated at the University of Pennsylvania. That first electronic digital computer, developed to calculate artillery firing ranges for the U.S. Army, had 18,000 vacuum tubes and filled a large room.(3) Just over two decades later, the Internet age began in 1969 when researchers at UCLA hooked up a computer to a switch the size of a refrigerator, the first step in getting two computers to talk to each other.(4) A communications revolution was launched 20 years later when the World Wide Web was created in 1989 by Tim Berners-Lee, who also developed the first browser in 1990.(5)

Since those initial milestones, the world has been transformed as rapidly increasing processing power has been combined with massive growth in networking capabilities. For example, a 3-pound laptop today has 1000 times more computing power than the 30-ton ENIAC and can communicate wirelessly to systems around the world.

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