Engineer: Immune or not in Sewer collapse? (Part 2) (law note)

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riverside plantUPDATE 1/9/2012:  In the original version of this post, an incorrect picture was used of the new water reclamation facility for Spokane County, WA.  This photo is the facility discussed in the lawsuit.  Many thanks to David Moss, PE, for the correction. 

When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a failed attempted to transfer sludge out of the digester.

Once this information came to light, the plaintiffs and their families filed a negligence action against CH2M and the city. The city of Spokane was immune from liability under the state’s Industrial Insurance Act.  The only issue at trial was whether CH2M was negligent. The lower court ruled in favor of the plaintiffs, finding CH2M negligent. CH2M appealed the ruling, contending that it too ought to enjoy immunity under the Industrial Insurance Act.

The Court was confronted with determining whether immunity should be granted to the engineering firm. One provision of the Act states that that an injured worker may not seek damages against a design professional who is a third person retained to perform professional services on a construction project. However, a different provision states that immunity does not apply to the negligent preparation of design plans.

CH2M argued that the entire plant was a construction project, thus entitling it to immunity. It further argued that it did not prepare design plans, and as such the design plans provision of the Act should not apply. The plaintiffs argued the plant was not a construction site, and that CH2M did, in fact, prepare design plans negligently.

The Court found that there was undoubtedly construction occurring on the sewage treatment campus. The question was whether the existence of construction somewhere on the campus triggered automatic immunity. The Court concluded it did not. The construction was isolated on various parts of the campus and not widespread enough to cause the entire campus to be deemed a construction site.

With regard to producing design plans, the Court said that there was no appreciable difference in recommending a change in the piping of the sludge and the locations of the skillets under an “on call” service agreement, and preparing written plans and specifications to accomplish the same thing. The Court found that it was difficult to believe the legislature intended to allow design professionals to escape liability for negligent work by simply not writing down their plans.

The Court also held that CH2M owed a duty of care, as all such professionals do, and that the duty extended to the injured employees. The Court found that the duty was breached and that the breach was the proximate cause of the employees’ injuries.

Taken as a whole, the Court stated that the legislature, when enacting the Industrial Insurance Act, intended to protect design engineers from the sort of liability imposed on general contractors for workplace safety.  The Court refused, however, to believe that the legislature intended to protect design engineers from their own negligence.

Tomorrow, 3 take-away lessons from the case.

Thoughts, comments, or questions?  Post in the comment section, below.

Is an Engineer ever immune from lawsuit? (Law note)

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Spokane city towerCan an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity?  That was the issue confronted recently by the Supreme Court in the state of Washington in a case entitled Larry Michaels vs. CH2M Hill.

The Washington court analyzed its state Industrial Insurance Act, which is similar to North Carolina’s Workers’ Compensation Act.  These acts are often described as “grand compromises” between workers and their employers.  Injured workers are given a fast, no-fault compensation system for injuries in the workplace. Employers, in turn, are given immunity from civil suits.  The workers get speed and certainty, while the employers are required to pay less than they would be in a lawsuit.

Washington state’s Act, unlike North Carolina’s Act, provides some immunity for design professionals performing design services, and the court had to wrestle with the applicability in a particularly gruesome case involving a catastrophic failure at the Spokane wastewater treatment plant.

One man was killed and another two other seriously injured in May 2004 when a digester dome (a huge, sports stadium-like contraption) collapsed at the wastewater treatment plant. The collapse caused Mr. Cmos to fall into heated sewage sludge, where he drowned. The lower court judge described the incident as arguably one of the most disgusting and terrible deaths imaginable. Mr. Evans was thrown from the dome and drenched with the sewage, while Mr. Michaels was knocked down by a cascade of sludge. The survivors, and the family of Cmos, sued CH2M for negligence.

CH2M was an engineering firm hired by Spokane as a consultant on a 10-year capital improvement project to upgrade the plant. One of the tasks the engineering firm oversaw was replacement and re-engineering of several transfer tubes between various digester domes at the plan. Ultimately a buildup of sewage occurred, shattering the dome on digester #3 and fatally injuring Cmos.

A series of unfortunate events took place on that day in early May of 2004 that all conspired to lead to the sewage buildup. After failed attempts to transfer the sludge to another digester, foam began leaking out of a pressure relief valve at the top of dome #3. The effluent ran down the outside of the dome and a concerned plant superintendent worried that the discharge might enter the Spoken River. The supervisor gathered Cmos, Evans and Michaels and asked if the three could assist him in diverting the sludge. Cmos and Evans climbed the dome with a fire hose to siphon foam while the superintendent and Michaels attached the other end of the house to a drain.

The dome continued filling with sludge until it finally cracked and collapsed. Cmos, alive and conscious, dropped into 100 degree sewage sludge and died in excruciating physical pain, darkness and utter helplessness. Evans and Michaels suffered varying severe injuries including broken limbs and lung damage from aspirating the sewage.

The city hired an engineering firm to investigate the disaster. The firm concluded there were three main causes: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a failed attempted to transfer sludge out of the digester.

Tomorrow, we’ll discuss the Court’s analysis and ruling concerning whether or not CH2M had immunity from being sued, and Friday we’ll discuss a few take-away lessons from the case.  Stay tuned……

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

NCSU’s Huge New Home (News Note)

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the point

[This article was originally posted on December 29, 2011]

Wolfpack Chancellor Randy Woodson is likely having a great holiday season as he settles into his new pad at North Carolina State University. Construction was recently completed on the new chancellor’s residence at the school.

Known as “The Point,” the Chancellor’s new home is an 8,500 square feet behemoth. Though it sounds hulking, 5,500 of those square feet will serve as public use space, accommodating receptions as well as events for alumni and students. The downstairs area will also serve as a place for the chancellor to host events, as often as once a week, and to build relationships. It can hold up to 200 people inside or on the back patio. The remaining 3,000 square feet, all of the second floor, will be used as living quarters for the chancellor and his family.  [Still a pretty roomy living quarters, in my opinion!]

No expense was spared during the 18 month construction. Green features like geothermal heating and cooling, sustainable materials, and LED lighting were installed throughout The Point.  The house is located on North Carolina State’s Centennial Campus, near Lake Raleigh and the Park Alumni Center and is fittingly made of Wolfpack-red brick.

The Point came with a  $3.5 million price tag, which was funded entirely by private donations. When asked how the university justifies spending that much money on a house when the school is cutting jobs and eliminating courses, Associate Vice Chancellor for Facilities Kevin MacNaughton said the house will be a hub for the university’s efforts to build relationships with private donors.

Chancellor Randy Woodson and his wife moved in Oct. 28. The first fundraiser they hosted in the new home was Nov. 16. Since, they have hosted about a half-dozen fundraising events, officials said.

The original chancellor’s residence for NC State was constructed in 1928. Back then the school had a grand total of 1,500 students in attendance. Today that number has risen to more than 34,000. With such a huge change in the student body it was about time for the chancellor himself to be movin’ on up to appropriately grand digs. Thankfully, the original residence won’t be torn down. Instead, plans have been drawn to convert it into the future home of the university’s Gregg Museum.

If you’d like to drool over photos of Woodson’s new home click here.  Be warned, however, that doing so could cause you to turn green with envy.

Source: “Construction complete on NCSU chancellor’s residence,” by Jason deBruyn.  Photo:  NCSUnewsdept via Creative Commons license.

What do you think of the new residence?  Thoughts, comments, or questions?  Post in the comment section, below.

5 Great iPad Apps All Architects Should Have (Tue Tip; guest post)

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Today’s Tip is a guest post from Vanessa Lang.  Vanessa is an author who writes guest posts on the topics of business, marketing, credit cards, and personal finance. Additionally, she works for a website that focuses on educating readers about online payday loans.

holding an ipad

As an architect (or engineer), it is very important to stay organized and well informed. What better way to do that then with your iPad? The following are just a few of the best iPad apps I’ve found to help an architect stay sane while on the job.

DaVinci

This app will let you draw accurate floor plans with the touch of a finger. You can draw walls, place labels and symbols, and define specific areas as long as you can use the iPad. DaVinci also lets you add photos so you can remember ideas and anything else you need to document when you get the iPad camera connection kit. There is also a voice feature that will allow you to record your own notes to the iPad for future reference.

AutoCAD WS

With AutoCAD WS, you can view, edit, and share DWGTM files with anyone who needs to see them. You can also work on your AutoCAD drawings from your iPad. This convenient app will allow you to revise drawings while you are on the go or on location. This really is a great app for architects that are constantly out of the office and need to work from other locations.

Architect Magazine

One of the best ways for architects to keep up with what is going on in the industry is to read AIA’s Architect magazine. This app will show you the pages of the actual print magazine without having to waste the paper used to print it. You can look through the pages of each magazine while you are connected to the internet or you have the option of downloading an issue to look through it later.

Not only can you read the magazine whenever it is convenient for you, but you can also access other pages through hyperlinks on each magazine page. This makes it much easier for you to access new information about architecture, and go beyond what you can get from the print version.

Expensify

This application is free from the iTunes store and can be a great tool for architectural business owners. With this accounting application, you will be able to import purchase transactions and track your receipts for credit card purchases. Even if you use cash, you will be able to scan your receipt to import and keep track of the information for your taxes. Expensify is really great because it allows you to keep your business and personal expenses separate.

Fruit Ninja

After working so hard all day, it is important that we all take some time to relax and have fun. This game will do just that. The concept of the game is so simple, but that does not make it any less interesting. There are three different ways to play the game, but the objective is always the same: slice as much fruit as possible without hitting the bombs. That’s it! I’ve spent hours playing this game trying to unlock the different backgrounds and blades you can get. Even if you just need a little break during a long day, it really is a great way to let out your frustrations and simply have a little fun.

Thanks Vanessa!  Full disclosure from the editor here: I myself do not have an ipad, so while these apps look inviting, I cannot speak to them personally.  Even though I am a bit of a Luddite, these ones look promising.  Well, except for the Fruit Ninja, but we all have to have fun sometime, right?

Do you use any of these apps?  Have others that you’d recommend?  Share in the comments section below.

Photo: (c) John Karakatsanis via Creative Commons license. 

An Engineer interviews Santa Clause — and the red-suited man is NOT happy!

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This post has nothing to do with the law.  After all, how cheery and festive can one make litigation issues?  Yeah, I thought so.  Anyhow, as you get ready for Christmas this year, remember the poor fat man in the red suit!  Below is part of an interview between Engineer (and EDN Blogger ) Jit Lim and Mr. Clause, and he is not happy.

santa and his posse

JL – Hi, Mr. Clause. My name is Jit Lim, I’m a senior technologist for a company called Tektronix.

SC – Mr. Clause? Don’t be so formal. Call me Santa. Can I call you Jit?

JL – Sure, Santa.

SC – Senior technologist, does that mean you’re an engineer?

JL – Close. As a senior technologist, I look at not only current technology but future technology, as well.

SC – So you’re responsible for creating new products? I’ve got to say that I’m a little perturbed about the speed at which you engineering types are launching new toys that people want for Christmas.

JL – Yes, I help make new products, but my company doesn’t actually make consumer goods. We make test equipment that makes it easier for companies to make those new toys. We like to say we “enable innovation.”

SC – Oh, so it’s your company and companies like yours that make it easier for all that new-fangled stuff to come out so fast?

JL – Well, yes. Is there a problem with that?

SC – Is there a problem?! You bet there’s a problem! What do you think goes on those lists I have to make every year? Toy soldiers? Dolls? Train sets! No. No. No. They want PlayStations, iPads, laptops. When kids started asking me for Wii’s I thought they needed to go to the bathroom, but it turns out it’s one of those new-fangled games.

JL – I don’t understand, Santa. What’s the problem?

SC – Do you know how fast those things change, “Mr. Enabling Innovation?” I can’t keep up. A perfect example is the iPad. It comes out in March of 2010, and by some miracle I was able to get my production up and running just in time for Christmas that year. I figured I get a jump-start on 2011 and start production early, and then in March they announce the iPad2. Do you know what it takes to re-train an elf?

JL – Well, no. But …

SC – I’ve got an excess inventory of iPads because I started producing too early and then I had to stop production and gear up for iPad2’s. Do you think Steve Jobs, may he rest in peace, gave me a call to give me a heads-up? Nope. He’s too busy innovating. No consideration for one of his most important supply chains.

To read the rest of this highly amusing interview, head over to EDN.

And to those of you who haven’t already done so, sign up for regular email updates of all blog posts here at Construction Law in NC so you’ll never miss a post.  It’s what all the good boys and girls are doing this year!

Photo (c) Whispering Crane blog 12/24/2006 via Creative Commons license.