Engineers: the Aliens who Make Our Lives Better (Guest Post)

Today we have a guest post by Tim Fausch (adapted from and reprinted with permission by BNP Media), publishing director of BNP Media’s Architecture, Engineering & Construction, Security and Mechanical Systems Groups, a collection of more than 20 trade magazines, Web sites and e-newsletters.

alien x-ray

I’ve been thinking a lot about engineers lately and concluded they must be alien beings. For reasons I do not understand, God sent these advanced life forms to earth to keep people like me from mass chaos. There must be an engineering angel whose job is to keep us from self-destruction.

A recent development led me to this epiphany:

This summer, I started demolishing a retaining wall and deck my father built back in the 1960s. The cinderblock wall and cement deck functioned beautifully around our above ground swimming pool for most of my youth.

Then, in the 1970s, my dad transformed our pool into a garden, and it has been producing tomatoes and onions ever since. Unfortunately, my father passed away and the secrets of his cement structure were lost forever.

The structure was showing some wear and tear, so the “smart” thing to do was to knock it down and return it to its long-ago status as a grass-covered hill.

“This will be a piece of cake,” I told my family members. “Just a few hardy swings with a sledge hammer and we’d reduce the structure to rubble.”

Somehow, I severely underestimated its structural integrity. The cinderblock wall wasn’t so bad, but the cement deck apparently was built to the same specs as the Hoover Dam.

The pad was several inches thick and hid an encased a wire mesh. Nearly a half century later, it was still solid as a rock.

It took five adult men countless hours to slay the beast. We only missed our target demolition date by three weeks.

Did I mention that my father was an engineer? This is the same guy who reveled in assembling televisions from 500-part kits (Heath kits), so it was really brainless of me to think this structure would come down in less time than the fall of the Berlin Wall.

If I had been in charge of this project it would collapsed decades ago. It would have caved in the pool, creating a tidal wave that would have flooded our basement. The insurance adjuster would have concluded a tornado blew through our yard. I would have nodded in agreement.

I don’t know about you, but every time I drive over a bridge, ride an elevator, or fly in a plane, I am thrilled to know that somehow an engineer made these things work.  Engineers – the aliens who make our lives better.

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Photo by suttonhoo via Creative Commons License.

Yes? Never? Maybe? Contract Clauses for Architects & Engineers (Tue Tip)

Make plans to attend a free webinar specifically for design professionals.  Entitled “The Bright Gray Line: “Yes”, “Never”, and “Maybe” Contract Clauses for Design Professionals (and how to find the difference)”.

The presentation will highlight challenging contract clauses and approachs to evaluating, negotiating, and managing those clauses.  Among the clauses which will be discussed are those relating to indemnity, the standard of care, code compliance, and document ownership.

The seminar is sponsored by Hall & Company and  presented by attorney David Ericksen, President of Severson & Werson.

When:                  Tuesday, June 14, 2011

Time:                   1:00 pm EDT

How:                    Click here to register

If you attend the webinar, let you know your thoughts afterwords.  I’m planning to attend as well, so we can compare notes.

Free AIA & USGBC Credits at Upcoming Webinar

This just crossed my desk:

A free 1 hour webinar “Sustainable Schools:  Design, Construction & Operations” will be held by ED&C magazine on Thursday, May 26th, 2011  at 3pm EDT.

school children crossing sign

How One School District Changed Behaviors and Buildings to Achieve the Nation’s First Net Zero School

Warren County Public Schools in Bowling Green, KY is the home of the nation’s first Net Zero school building. The district, that grows by about 400 students annually, has built six new schools since 2006. Each building has served as an energy efficiency milestone as officials have honed designs to achieve a 77,000-square foot building that operates at 18 kBTUs per square foot. The limited energy consumption coupled with the revenue from solar panel production allows the elementary school to operate without cost. The district designed the building to be a hands-on energy museum for the students to continue learning about energy.   The Net Zero School milestone is just one of many accomplishments of WCPS that has also offset $6 million in energy costs since 2003 by changing behaviors and mindsets.

  • Examine how the Warren County Public Schools district changed mindsets and offset $6 million in energy costs in less than eight years
  • Evaluate how the school district honed its building designs to achieve a school capable of producing as much energy as it consumes to achieve the nation’s first Net Zero school building
  • Analyze how the district is taking what is has learned and passing it on to its students through children’s Energy Team initiatives and challenges
  • Define the new methods the district had enacted to enhance its massive energy-savings initiatives, buildings and programs

Go here to register.

The program qualifies (with certain requirements) for:

  • 1 GBCI CE Hours towards the LEED Credential Maintenance Program; and
  • 1.0 AIA learning units

More about the Net Zero school can be found in this post on the Biofriendly Blog

Photo: (c) freephoto.com via Creative Commons license.

Don’t say Please– Threaten to Tow! (aka Contracts matter)

 

No parking please sign No parking tow sign

 

I was wandering through downtown Wilmington, North Carolina the other week after a trial was pushed off of the court docket.  Not two feet away from each other I saw these two signs.

Ask yourself—if you were looking for an (illegal) parking spot to run a quick errand—which spot would you park in?  The one with the sign that nicely asks you not to park there, or the one with the sign that says they will tow you if you do?  I think we can all agree that in this case, being nice does not help that parking spot’s owner.  You know the other guy means business, so you take him seriously. 

What does all this have to do with architecture or engineering? 

It is a stark reminder that words can be powerful.  Your contract language can make the difference between getting what you want (the empty parking spot) versus having to live with something you don’t (someone in your space).  It can mean the difference between the dispute venue you favor or the right to additional compensation.

When it comes to your livelihood, don’t chance it to be nice.  Gentlemen’s agreements and saying “please” just don’t cut it any more.

Which parking spot would you use? Do I even have to ask?  Saying please is all well and good, but stating your rights upfront will get you farther.  Sign up for email updates directly to your inbox, so you never miss a post here at Construction Law NC!

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Photos in this post: Creative Commons License

ENR’s Top 500, the Economy, and Lawsuit Fever

Engineering News-Record logo

Engineering News-Record (ENR) has released its annual list of the largest 500 design firms in the United States.  The list is based on design revenue generated by the firms, and covers both public and privately-held companies.

The bad news?  According to ENR, overall design revenue of the top 500 firms ($79.8 billion in 2010) was down 0.2% from 2009.  I know my clients have been hit hard. 

One thing that construction lawyers see in down markets is more lawsuits.  Whereas in good times people will let something go to move on to their next project, in slow times contractors and owners sometimes look for a scape-goat.  That scape-goat, more often than not, is an insurance-carrying design firm.  Sad, but true.  Now, more than ever, make sure that you are practicing good risk avoidance, documenting everything, and communicating thoroughly.

There is some good news:  “There is a general feeling among the Top 500 firms that the markets will recover over the next 12 months.”  Let’s hope they are right.

What do you think?  Will the market improve this year?  How is your company weathering the economic storm?