Andrew J. Carlowicz, Jr., Co-Chair of the firm's Construction Law Department, co-authored an article titled, "But Words Will Never Hurt Me", with Thomas S. Townes, Director of Business Development at ClarkNexsen, for Marketer's April issue.
The article explains the importance of A/E/C firms promoting their abilities and talents to differentiate themselves from others. However, it goes on to express how those same firms need to be cautious of their words to avoid legal battles down the line for committing to something they can not fulfill.
Excerpt: "So here’s the dilemma. Architects need to protect their liability, yet they need to pursue work and compete for that work. A marketer’s task, which can often be directed by the architect and engineer, is to differentiate the firm from the competition and stand out or be visible when it comes time for comparisons and evaluations by prospective clients. The natural marketing approach is to write those differences in our proposals and qualifications by creating phrases such as 'we are the best,' 'we are second to none,' or 'your work is our highest priority.' Making the wrong word choices can create risk for your firm by placing the Standard of Care above what your insurance underwriter can or will be able to protect."View Attachment