According to Michael J. "Mike" Yost, Esq., vice president and general counsel of GBA-member firm Terracon and chair of GBA's Legal Affairs Committee, "We wanted to produce a guide that would be particularly instructive for younger geoprofessionals and a solid refresher for some of the 'old hands.' We don't go into any significant detail about any one issue.
If we started doing that, the guide would have been 500 pages long.
We wanted it to be an easy read, without legalese or Latin, that would take only about 15 minutes to read, and people would come away with an understanding of the process."
noted that the Committee focused on claim precursors and a few key dos and don'ts.
"Being aware of claim precursors is particularly important," Yost
"Being aware of the precursors allows geoprofessionals to intervene early, and defuse a claim before the formal elements of the process are initiated."
Among some of the key dos and don'ts are "never admit fault," which gets its own chapter, and the maintenance of files once a firm becomes aware that a claim is likely to be filed.
"Unfortunately, claims and litigation have become almost routine elements of geoprofessional practice," Yost