Tag Archives: engineer

Joint Ventures & Geotechnical Agreements (two free seminars) (Tue Tip)

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ConsensusDocsTwo upcoming, FREE webinars from ConsensusDocs might be of interest:

 Venture to Manage Your Partners Wisely (with the ConsensusDocs 298 Joint Venture Agreement)

September 19th, 2012 at 2:00-3:30pm ET (this Wednesday; i.e., tomorrow!)

— and — 

What Lurks Below?  Using ConsensusDocs 246 to Get the Answer  (discussing the importance of consulting agreements for geotechnical services)

September 26th, 2012 at 2:00-3:30pm ET (next Wednesday)

Registration for both webinars is here. 

Do you know of upcoming seminars or other items of interest to  Construction Professionals?  Drop me a note so I can help spread the word.

Architects & Engineers – Are you committing a Class 2 misdemeanor without realizing it? (Tue Tip; law note)

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handcuffsBuried within the general contractor provisions of the North Carolina General Statutes is a little-known provision that can get architects and engineers in hot water.  If you recommend to a project owner anyone who is not properly licensed under the general contractor statute, you have committed a Class 2 misdemeanor.  Really!  Here is the pertinent language:

§ 87-13. Unauthorized practice of contracting; impersonating contractor; false certificate; giving false evidence to Board; penalties

Any person, firm, or corporation not being duly authorized who shall contract for or bid upon the construction of any of the projects or works enumerated in G.S. 87-1, without having first complied with the provisions hereof, or who shall attempt to practice general contracting in the State, except as provided for in this Article, and any person, firm, or corporation presenting or attempting to file as his own the licensed certificate of another or who shall give false or forged evidence of any kind to the Board or to any member thereof in maintaining a certificate of license or who falsely shall impersonate another or who shall use an expired or revoked certificate of license, and any architect or engineer who recommends to any project owner the award of a contract to anyone not properly licensed under this Article, shall be deemed guilty of a Class 2 misdemeanor. And the Board may, in its discretion, use its funds to defray the expense, legal or otherwise, in the prosecution of any violations of this Article.

However, there is also some relief in the same statute, which provides that:

No architect or engineer shall be guilty of a violation of this section if his recommendation to award a contract is made in reliance upon current written information received by him from the appropriate Contractor Licensing Board of this State which information erroneously indicates that the contractor being recommended for contract award is properly licensed.

Has this issue ever really been litigated?  Yes, it has.  While I cannot point to reported cases, I will tell you that I have had this become an issue – more than once – in my practice.  Each time, the design professional knew that the entity involved had been a licensed general contractor, but the entity had lost its contractor’s license before the particular project at issue.

Take-away:  Even if the general contractor is the largest and most well-known in the state, always, always, always check with the Licensing Board to confirm that a general contractor is in good standing before making any recommendation to a project owner.  Just in case.  Since Consider it two minutes well spent.

Questions, comments, experiences with this statute?  Share in the comments section of the blog.

Photo (c) Riki Maltese via CC

 

 

 

Something to Hang Your Hat On… (Limitation of Liability clauses) (law note)

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hat rackIn the past on this blog, I have pointed out the benefits of Limitations of Liability clauses.  These are the clauses that state that the most damages that your Firm can be responsible for is capped at a certain dollar amount or your contracted fee.

Do you have a limitations of liability clause in your professional services contract?  You should.  Best practice would be to have such a clause that limits damages against you to a set amount.  For example:

Engineer’s liability to Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000 or the amount of Engineer’s fee, whichever is greater.

While best practice is to have such a provision, it is not always enforced.  In a case arising out of the Western District of North Carolina, the court noted that such provisions will not be enforced where the result would be unconscionable and “elicit a profound sense of injustice.” See  Performance Sales & Mktg., LLC v. Lowe’s Companies, Inc.,2010 WL 2294323 (W.D.N.C. June 4, 2010).

What does this mean in practical terms?  It means that you should endeavor to include a limitation of liability clause, but don’t necessarily think that if you have that you’ve capped your risk.  A court can always decide that the clause is unconscionable.  But, such a limitation is one more thing to “hang your hat on” if and when you find yourself staring down the barrel of litigation*.

* If, however, you are facing litigation, make sure you sign up for regular blog updates.  Starting next week, I am writing a new series on the anatomy of a construction lawsuit, so stick around! 

 

Photo:  (c) BabbNet via CC.

Funny Friday (Jokes for Engineers & the folks who love ’em!)

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Engineer = good with mathIn an effort to send you off for the weekend in “jolly good spirits,” as my new British sister in law might say, I give you a few engineering jokes, courtesy of the Funny Junk site.  Bonus: there is a lawyer joke contained in this post as well.  Enjoy!
 
The Design of the Human Body

Three engineering students were gathered together discussing the possible designers of the human body.

One said, “It was a mechanical engineer. Just look at all the joints.”

Another said, “No, it was an electrical engineer. The nervous systems many thousands of electrical connections.”

The last said, “Actually it was a civil engineer. Who else would run a toxic waste pipeline through a recreational area?”

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Engineer In Hell
An engineer dies and reports to the pearly gates. St. Peter checks his dossier and says, “Ah, you’re an engineer — you’re in the wrong place.”

So the engineer reports to the gates of hell and is let in. Pretty soon, the engineer gets dissatisfied with the level of comfort in hell, and starts designing and building improvements. After a while, they’ve got air conditioning, flush toilets, and escalators, which makes the engineer a pretty popular guy.

One day God calls Satan up on the telephone and says with a sneer, “So, how’s it going down there in hell?”

Satan replies, “Hey, things are going great. We’ve got air conditioning and flush toilets and escalators, and there’s no telling what this engineer is going to come up with next.”

God replies, “What??? You’ve got an engineer? That’s a mistake — he should never have gotten down there; send him up here.”

Satan says, “No way. I like having an engineer on the staff, and I’m keeping him.”

God says, “Send him back up here or I’ll sue.”

Satan laughs uproariously and answers, “Yeah, right. And just where are YOU going to get a lawyer?” 

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The Engineer and the Red Rubber Ball

A mathmatician, a physicist, and an engineer were all given a red rubber ball and told to find the volume.

The mathmatician carefully measured the diameter and evaluated a triple integral.

The physicist filled a beaker with water, put the ball in the water, and measured the total displacement.

The engineer looked up the model and serial numbers in his red-rubber-ball table. 

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Ba dum dum!  This concludes our programming day.  Have a great weekend, everyone!

 

 

Dear Abby Advice for Engineers– too good not to share!

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A recent column in the ENR shares a plethora of good advice for structural engineers–and any design professional–who wants to avoid a lengthy, ugly construction claim lawsuit.  Among the good gems in the article:
  • “E-mails can haunt. ‘Any e-mail you write can be used against you. Be careful—don’t write anything you don’t want to show up on the front page of your local newspaper.’” [I always say: imagine having to explain what you wrote to your elderly grandmother.].
  • “A tip: Mediate, mediate, mediate: This is the chance to control the outcome. In arbitration or in front of a jury, others control the outcome.” [This is very true. Early mediation can sometimes be productive, but other times some discovery is necessary first. Each case is different, so discuss when to mediate with your lawyer.]
  • “Be careful what you say. Example: If you call the contractor ‘an asshole,’ you are not covered by your insurance; if, as the observer of the process, you call the contractor incompetent, you are.”  [While I’m not nuanced in the acceptable derogatory language that may or may not be covered by your insurance policy, in general err on the side of caution. Think of your grandmother again when you decide what language you will use.]
  • “It’s not the size of the claims that hurts, it’s the time it takes to fight it—and the cost…Get your insurer’s assistance during the project to try to resolves issues as they arise.” [Very good advice.  Often, free claims prevention/loss prevention services are covered under your errors & omissions insurance policy.]  
haunted house
Have you been haunted by the ghosts of emails you’ve written?

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 Questions?  Thoughts? Comments?  Share below.

Photo (c) Moon Stars Paper blog.