Engineering Inc - July/August 2019 - 43

of applicable legal privileges in the jurisdictions in which you do
business-and how to structure your Lessons Learned processes
so that sensitive information is protected. Legal counsel can
provide critical input on Lessons Learned program design issues
such as:
* Selecting appropriate projects to study.
* Determining a procedure for collecting project information.
* Identifying who should (and should not) participate in
Lessons Learned sessions.
* Reviewing any written materials to ensure they are free of legal
conclusions or other potentially damaging statements.
* Advising on implementation of any recommended changes to
your firm's contracts, policies, procedures and processes.
Two states-Missouri and Kansas-have enacted "Peer
Review" laws that create a legal privilege for in-house Lessons
Learned programs (as defined by those statutes). Even in those
states, however, consultation with legal counsel is essential
to ensure that your Lessons Learned program will qualify for
protection under these laws.
HOW CAN OUR FIRM IMPLEMENT
A LESSONS LEARNED PROGRAM?

Many helpful resources are available to firms interested in implementing a Lessons Learned program, including those published
by ISO and the Construction Industry Institute. ACEC's Risk

FIND
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NEXT
ENGINEER on ACEC's
Job Board . . .

Since the ACEC Job Board's inception in
August of 2005, over 3,437 member ﬁrms
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Find your next new hire at:
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Where today's engineering job seekers
go to ﬁnd their next jobs.

Management Committee has published a "Development of
Lessons Learned Programs" paper that can serve as a great starting point. The document is available at no charge on ACEC's
website.
In addition to an outline of issues to be addressed in development of your firm's Lessons Learned program, the paper includes
a series of Lessons Learned vignettes and a briefing for firm
management regarding the risks and benefits of Lessons Learned
programs.
Do not miss this opportunity to create continuous improvement in your practice and share the hard-earned experience of
today's leaders with those who will guide your firm into the
future. ■
Karen Erger is senior vice president and director of practice risk management at Lockton Companies. She also is a member of the ACEC Risk
Management Committee and can be reached at kerger@lockton.com.

The material in this article is provided for informational purposes only and
is not to be regarded as a substitute for technical, legal or other professional
advice. The reader seeking such advice is encouraged to confer with an
appropriate professional consultant or attorney. ACEC and its officers, directors, agents, volunteers and employees are not responsible for, and expressly
disclaim, liability for any and all losses, damages, claims and causes of
action of any sort, whether direct, indirect or consequential, arising out of
or resulting from any use, reference to, or reliance on information contained
in this article.

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JULY / AUGUST 2019

ENGINEERING INC.

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Engineering Inc - July/August 2019

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