The sluggish U.S. economy has exacerbated a challenging situation for architects, engineers and construction professionals. Not only do they face a landscape marked by fewer projects and greater competition, they also are being pushed by owners to bear contractual responsibility for risks associated with activities outside their controland beyond the scope of their professional purview.On the surface, it might seem good business practice to use negotiating leverage in contracts to try to shift as much project risk as possible to those doing the work.However, a general misunderstanding between owners and their attorneys with respect to the roles and responsibilities among
The recent Education Report cover story, "Lifelong Learning: Engineers Grapple With Barriers to Access and Delivery", emphasized the importance of lifelong learning for engineers, focusing primarily on classroom and online instructional settings. However, engineering is as much an art or craft as it is a science; it requires experience and know-how as well as information. In other words, it involves the exercise of skill, not just an awareness of facts and techniques.That is why engineering prowess is usually described in terms of competence, rather than in terms of intelligence. Engineering licensure is meant to authorize only those with sufficient competence
A recent change in a common risk-management activity poses new risks to your firm and its bottom line. Although the change may represent just more paperwork to some, new language in standard insurance forms regarding notices of termination affects all of construction. It's important, and it could cost you big money, no matter what kind of company you operate.Construction contracts often contain a provision that requires a contractor working on behalf of another contractor or an owner to hold harmless and indemnify the other parties—that is, the contractor or owner. To assure sufficient assets are available to back an indemnity,
The line between criminality and regulatory non-compliance grows fainter every year. A reading of the indictment brought against ex-Louis Berger Group CEO Derish Wolff, for which he appeared in court recently, is full of details that provoke questions about Wolff's actions and whether a judge or jury will find him guilty. A dramatic case could be presented about war-profiteering. However, there are reasons to ask if this should have been a civil lawsuit instead of a criminal case.On the surface, the charges are serious. They involve Berger's former chief financial officer, Salvatore Pepe, and its former general accounting manager, Precy
While one natural disaster does not predict another and a double disaster is unlikely to repeat itself, Hurricane Irene and the Virginia earthquake, much like the Japanese earthquake and tsunami in March, are chilling reminders that past experience is seldom an infallible guide to the worst-case scenarios thatinform structural design decisions. Engineers would do well to ponder the difference that a slightly stronger earthquake could have made on preparations for and damage from the storm that followed.Taking natural disasters one at a time, 20th-century style, should no longer be an option. Structures are best designed by considering the effects of
Renewable energy sources are often located in rural areas far from the urban centers that call for the highest demand for energy. The power grids in existence today were designed to link customers to relatively nearby coal, gas and nuclear powerplants. In order to benefit from the environmental, economic and national security advantages of renewableenergy, the U.S. needs to find affordable and efficient means to transmit the renewable energy from these remote areas to where it is needed most.With private property easements both scarce and expensive, the use of existing freeway right-of-way offers a very attractive option for transmitting renewable
Photo by Skip Pennington/Brasfield & Gorrie Protection of public safety, health and welfare is the chief imperative of licensed practice. Related Links: The Case For Practice Restrictions in Licensure How To Close A License Loophole Dont Blame Engineering for the Gulf Spill A physician's first priority is to do no harm, and an engineer's primary obligation is to hold paramount the safety, health and welfare of the public. This notion is precisely what motivates the advocates of separate licensure for structural engineers—the sincere belief that such a step is necessary to ensure that structures will remain standing.Several states have had
istockphoto Precedents in most states establish that OSHA standards apply to third parties at construction sites. Related Links: Nevada Toughens Safety Laws In Response to Work Fatalities Personal injury case juries are known for their generosity toward injured individuals, but a current case where I'm an expert witness for the plaintiff shows that juries can be unpredictable.The case involves a hotel that was getting a heating and cooling system upgrade in Las Vegas. Because the case is under appeal, I can't reveal the name of the case or the parties. I can tell you enough about it to show you
Recently, national attention was focused on the prospect of “Carmageddon” in Los Angeles brought about by the closure of 10 miles of Interstate 405 during a weekend. But the most contentious highway project in the region, the I-710 Freeway, remains uncompleted. In May 2010, after 50 years of debate and false starts, the Los Angeles Courtesy I-710 Coalition Image used by proponents of the I-710 Gap Closure project. County Metropolitan Transportation Authority funded the environmental impact report for finishing with a toll tunnel the last 4.5 miles of this section of its freeway core. Currently, northbound vehicles on I-710 exit
It seems a distant memory as we move into the heat of summer, but just a few months ago roof collapses were making headlines as never before. Massive accumulations of snow crushed everything from the Minneapolis Metrodome to schools, homes and churches. Media coverage stoked worries about structural integrity and whether building codes were sufficient for the extreme storms of a changing climate. Last winter saw major facility owners taking preventative actions to avoid dangerous roof collapses. After conducting an evaluation with the help of structural engineers, the operators of the MassMutual Center, Springfield, Mass., for example, canceled some events
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