I do design and consultation only and have never carried any business-related insurance. I do have a clause in my contracts that more or less denies any liability for any designs as a abundance of caution - afterall they are only pictures on paper. And like you, I provide no detailed construction drawings, only conceptual plans and planting plans. As far as I can determine, all the liability is in the hands of whatever contractor the homeowner chooses to engage. I know my go-to guy carries all the bonding and liability coverage he might ever need but has never yet used.

Thanks gardengal, I like your approach. I think your contract language is good way to handle this. We have no control over what the client does with the plans and I cant see situations where we as designers would have liability.

I did design and consultation work for years and never considered the need for insurance. I did, however, make sure that any contractors I put to work on a job were well insured.

I carry $1 million in errors and omissions coverage. It costs me around $1,000 a year which is great for peace of mind. There's an additional rider that covers me for project management as well.

I held off on E&O insurance for years until I sat down with a great attorney to revise my design and PM contracts. I was looking for ways to have my contract keep me from being liable for stuff and he said "you can't just write away your liabilities and responsibilities." Given that he's a pretty aggressive litigator, it put the fear of god in me.

I cannot for the life of me contemplate any design situation - given my typical client base - where I could possibly have even E&O liability approaching $1 million!

Perhaps marcinde's business targets a much higher-end client and his designs are waaaay more complex than the average garden design plan I crank out, but I simply cannot imagine anything I put down on paper would have that type of potential repercussion. Frankly, I'd be far more inclined to sue my clients (for non-payment) than they'd ever be inclined to sue me.

Having said that, it may be prudent to check with whatever professional organization is present in your locale to see what they suggest or what might be required. One of the (many) reasons I opted for a design/consult-only business was that it was not a taxable service (eliminating that bookeeping headache) and that I was not required to have bonding or insurance. YMMV.

gardengal, I do a really wide array of projects. The planting designs I do, sure - I really don't worry about liability. But I do a lot of decks and screen porches, retaining walls, water features (one flooded finished basement in a nice area is $250k+), and pretty much everything else outside the home. Plus, I'm getting into more commercial design as well.

I'm design and consulting as well, and that is what made me realize that I really do need the coverage. If I were building my designs, I'd catch an issue on the drawing and make a change in the field. I would hope the contractor would do so, but I sleep better at night knowing that I have some help if they don't.

Stumbled upon this article even though it's 6 years old. The information presented here is very poor. We are a luxury build company who is highly insured. It's not the homeowner who sues you it's everyone else. We follow the designs to the inch which ensures the designer remains liable for placement. Here are a few situations where the designer is liable.

Places tree over utility or easement because they didn't properly research. Tree roots cause extensive damage and financial loss.

Places hedge for sreening a neighbor. Specified plant grows far above the 30" maximum for landscaping within the road intersection sight triangle. Accident takes place. Designer is liable.

Now you say we are liable since we installed it. The homeowner is sued, they bring you and me into it. Homeowner says they entrusted us professionals to provide a compliant product. My lawyer says we simply followed the plans. Designer is found to be at the very least partially negligent. Designer becomes subject to the original suit, plus a civil suit from the homeowner to cover their expenses.

Im not even talking abour all the stairs, garden walls, berms, fences, etc that get put into the mix as well. See yourself as a professional, protect yourself and your client. Just get insurance.

I agree SLM , if you are doing installations you need insurance - however I am only doing designs. I am sure that there may be some liability , but most insurance options that I have found only apply to issues when you are planting the trees, using the machines, etc