Tag Archives: risk avoidance

Top 3 Take-Away Lessons for Engineers from the Sewage case (law note)

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takeaway signAs we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility.  Today, a few take-away lessons for design professionals, regardless of where you work:

  1. Never assume that you cannot be sued.  The engineers at CH2M thought they had a slam-dunk case, because there was actual language giving them immunity in the law.  However, even then that immunity language did not stop the lawsuit and liability.  You can always be sued, even with the best language in the law or your contract.
  2. Even limited work can give you significant liability.  One of CH2M’s arguments was related to the fact that they were providing limited work on an “on call” service contract.  As the Court noted, just because you have not actually put pencil to paper (or made the CAD drawings), doesn’t mean that you are not “designing” in the eyes of a court of law.
  3. You must assume the negligence of others.  Okay, the case doesn’t specifically say this, but it does note that CH2M could not escape liability because the City had made modifications to the plant over the years.  The Court held that “a reasonably prudent engineer in the position of CH2M could reasonably have anticipated” that the plant might have been modified over the years, and that a prudent engineer would have conducted an engineering analysis to make that determination.

Comments, thoughts, or questions?  Drop me a line!  I want to hear from you.

Photo:  (c) Debbi Long via CC.

Top 3 Things You Should Know about Cell Phone and Texting Laws (Tue Tip)

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cell phone drivingPlanning on driving out of your home state for the holidays?  Perhaps you’re flying somewhere, and have a rental car with your name on it? 

Before you go, be sure you know the following:

1.  Does the state you are in ban handheld cell phones while driving?

2. Does the state you are in ban texting while driving?

3. Is a violation of cell phone/texting laws a primary enforcement?  [That is, can an officer pull you over and cite you for using a handheld cell phone without any other traffic offense taking place?]

This handy chart of cell phone laws in all 50 states will give you the scoop.  Of course, it’s always best to play it safe, but this chart will at least keep you on the right side of the law. 

Happy Trails!

[hat tip to my partner John Nunnally for the link]

Do you know of an awesome website?  A great tool to use?  Share your tips with the community!  Drop me a note or comment, below. 

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Photo:  (c) Will Merydith via Creative Commons. 

Drop the Dead Weight: Fire your Worst Clients! (Tue Tip)

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Today’s Tip:  Listen to your gut.  Ever get that feeling that a potential client may be high maintenance or want everything done yesterday?   Listen to your instincts and turn them away as fast as you can.  Send them to a directory.  Send them to a rival.  Send them away from you.  Bonus if you can refer them to your worst enemy (kidding!).

The Pareto Principal is true in more ways than one:  not only do 80% of your profits come from 20% of your customers, but 80% of your complaints come from 20% of your customers.  If you can weed out that complaining/crazy/high-maintenance 20% up front, think of the aggravation you will save.

Architects (and engineers) sometimes tell me that they knew they might have issues with a particular client based on how the initial meetings & negotiations proceeded; needing the work, they took the job anyhow, only to find themselves facing the prospect of a long-drawn out lawsuit.  Don’t let this be you.

What to do if you already have the crazy client on board?  Document everything, including verbal agreements.  And cut them loose when you can safely do so.  This can be tricky-if not impossible-to do during an active project.  So in the interim, prepare as if you will be sued, because there is a good chance of it.  Remember that in a lawsuit, everything will be evidence, so your documentation during the project will be vital.

And next time- listen to your gut!

Do you have an experience working with a “crazy” client?  Did you ever not listen to your gut, only to rue the day you didn’t later on?  Share below, or send me an email.  Remember to remove identifying details, to avoid being stalked by your crazy ex-client!

 Photo: (c) jimwhimpey via Creative Commons.

Improving the relationship between general contractors & architects/engineers (Tues Tip guest post)

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The following is a Tuesday Tip guest post authored by the folks at Tools & Parts Direct, out of the United Kingdom.  The basic take away?  Good communication can save your project!

Disagreements between general contractors and architects are not only detrimental to the productivity of the project but can be costly as well.  As in any relationship, communication is the most important aspect and making sure that everyone is on the same page will go a long way towards the smooth flow of operations. Mutual respect is equally important for getting the job done without costly interruptions and blame shifting. By knowing the roles and responsibilities of each other, the relationship can be strengthened by complementing each other`s strengths and working together on any weaknesses. [Editor’s note: One way of ensuring good communication on the construction project is having a thorough, written scope of services for the designer, and thorough construction documents for the contractor.]

Since both the contractor and architect have their own distinct roles to fulfill in the building process it is important that they work together right from the start. This will prevent any confusion and avoid costly changes to the plans later on in the project. The contractor will also have enough time to point out to the architect what aspects of the plan might turn out to be impractical or impossible to implement.

When both the owner & the general contractor agree to keep the design team involved in the process during construction, this can help get the project built on time and under budget.  For example, instead stopping work to contact the architect over an unexpected site condition, it is often more efficient to simply keep the design team involved so that any field conditions can quickly be tackled together. This will eliminate, or at least minimize, tension where one party blames the other for mistakes; this type of tension often leads to a breakdown in communication, further costs, and even litigation between the parties.

boxing
It’s better if the architect & contractor avoid a boxing match!

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Any changes suggested by contractor or the architect/engineer should be discussed first, and only after both the pros and cons have been weighted should a final decision be made. This will avoid situations where contractors feel like the architect is running the show or vice versa. Too much ego from either side will quickly sour the relationship and must be avoided at all costs.

Scheduling regular meetings on the site ensures that the owner can be sure that both parties are working in harmony. By having an open discussion with both the contractor and architect present, neither party will feel like anyone has gone behind their back and mutual solutions to problems can be discussed. Whether the argument is about unforeseen conditions, or site access, (almost) everything can be resolved with efficient communication.

Do you have a good story about a positive or negative relationship with a contractor?  Share your lessons learned in the comments section below.

Photo (c) The Cosmopolitan of Las Vegas via Creative Commons.

Pick Up the Phone! (Tues Tip)

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phoneToday’s Tip is a simple one: Pick up the phone to ensure good communications on the construction project.  Too many of us naturally default to email or text message when communicating on the fly.  Without the tone of voice, however, many times things get misconstrued or taken out of context. 

I’m sure you’ve had the experience of emailing someone, and later learning they are mad or offended at something you said.  You thought the comment was innocuous.  They took it the wrong way.  Apologies were necessary; feelings were hurt.

While telephoning the other party can take more time, it keeps things on an even keel.  Tones can be “read” and misunderstandings can be cleared up right away. 

The next time you need to have a substantive communication with the Owner or Contractor, try the telephone.  You know, that email-checking/text-enabling device that is always with you?  It can telephone folks too.  Try it.

This post was in no way inspired by any misunderstood emails involving the author.  (Am I serious, or kidding? Hard to tell, isn’t it?).

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Photo:  (c) Victor Manuel via Creative Commons license.