Engineering Inc - July/August 2019 - 42

RISKMANAGEMENT

Lessons Learned Programs
WHAT THEY ARE, WHY YOUR FIRM
NEEDS ONE AND HOW TO GET STARTED

f your firm has paid "tuition" to the school of hard knocks
in the form of unpaid fees, lost profits or professional
liability claims, analyzing the causes of these problems
and taking steps to prevent them on future projects can
help you capitalize on that "investment."
One effective method of avoiding repeat mistakes is
through a Lessons Learned program, which is defined
by the ACEC Risk Management Committee as a
"documented process for capturing, evaluating and sharing
within the organization insights gained from liability claims,
disputes or challenges encountered during the course of a
project."
Lessons Learned processes can take many forms, including
formal training workshops, brown bag sessions or the
documentation of lessons in an internal database. And they need
not focus on preventing bad outcomes-they can also help your
firm replicate successful projects, processes and relationships.
WHY DOES MY FIRM NEED
A LESSONS LEARNED PROCESS?

Why should your firm institute a Lessons Learned process? Is
it worth the time and effort? Here are a few of the
potential benefits:
* Better project outcomes. Lessons Learned programs
help improve the quality of your firm's services,
resulting in higher client satisfaction, and increase
profitability.
* Transition of institutional knowledge. As a generation of firm leaders retires, Lessons Learned
programs ensure the lessons of the past stay with
those who will lead the firm into the future.
* Jump-starting new leaders. Young design professionals are being elevated ever more quickly to
"responsible charge" positions. Lessons Learned
programs enable them to successfully assume
these new roles.
* Defeating the "cannot happen to me" mentality.
Lessons Learned processes vividly demonstrate
that even the best design professionals make mistakes. They also encourage your staff to get help
when it is needed rather than going it alone and
making problems worse.
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ENGINEERING INC.

JULY / AUGUST 2019

Karen Erger

* Reduced incidence and impact of claims and disputes. Preventing just one professional liability claim can pay for a Lessons
Learned process, especially when deductibles and staff time
spent on claims are taken into account.
WILL A LESSONS LEARNED PROGRAM
CREATE ADDITIONAL LIABILITY FOR MY FIRM?

Despite the value of Lessons Learned programs, some firms are
reluctant to implement them because of concerns that doing so
might expose them to increased liability.
If a Lessons Learned session identifies needed improvements
to firm procedures, will that fact be cited as evidence of the
firm's incompetence in some future lawsuit? What if the firm
fails to implement those procedures on a project that becomes
the subject of a claim?
Properly designed, a Lessons Learned program should not
increase your firm's liability. Consult with experienced legal
counsel when planning your Lessons Learned program. Because
each state has its own rules regarding legal privilege, there is no
one-size-fits-all Lessons Learned template.
Your legal counsel can advise you about the extent and nature

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BY KAREN ERGER

Engineering Inc - July/August 2019

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