Construction Contract Documents for Stormwater Facilities
This paper provides an overview of the elements of an acceptable package of contract documents for stormwater facility construction. Thoughtful an meticulous assembly of contract documents...
Governmental Immunity from Liability in Flood Control Operations
The scope of Federal immunity from liability for damages caused by flood control operations is quite extensive. A review of the legislative history and case law of the immunity provision,...
The Greening of Corporate America
Since the decade of the 80's has seen both the most stringent environment regulations as well as the most destructive environmental incidents in our history, most American...
Planning and Organization to Control Liabilities and Insurance Cost
The liabilities and insurance cost associated with construction projects can be considerable. Activities that are performed which carry extensive liability exposures with limited controls...
Liability Insurance Coverages for Designers of Temporary Structures
A recent survey completed by the American Consulting Engineers Counsel (ACEC) indicates that in 1990 approximately 40 claims occurred per 100 firms. There also is an indication that claims...
Who Pays for the Unexpected in Construction??Owner as Engineer's Point of View
In the case of an unexpected discovery or development, it potentially may evolve into a three-cornered dispute among the Owner, Engineer, and Contractor. Frequently, it may become a two-sided...
Who Pays for the Unexpected in Construction
A grouting contractor's point of view on who pays for the unexpected in construction is presented. Because grouting can be used as an alternative for other construction procedures,...
Responsibility and Liability of Inspection
There is much confusion over who is responsible for inspection of construction. This paper argues that the designer is the most appropriate individual to inspect the work. The designer...
The Liability Crisis-Revisited
The 'liability crisis' of the 1980s which has affected engineers and other professionals in a significant way is considered. A number of theories or opinions...
Site Assessments
The 1986 Superfund Amendment and Reauthorization Act (SARA) established an innocent purchaser defense applicable if a new owner conducts appropriate inspection and appropriate inquiry...
The Fine Print
An engineer who uses software, or supervises those who do, must know the laws regulating its purchase and use. Whether a company contracts for custom software, or leases, licenses or contracts...
The Quest for Quality
an Engineer's View on Responsibility and Liability
This proceedings is the product of the 1990 Triennial Conference which is a conference series held every three years, alternating on each side of the Atlantic, originally between the American...
The Saga of Senate Bill 2067
With the advent of the California Superfund program, liability related to toxic waste cleanup became a critical issue in California. The state had no authority to indemnify consultants...
Impact of Litigation on Foundation Engineering in the United States
This paper presents a consulting engineer's perspective on the impact of litigation on foundation engineering practice in the United States. It consists primarily of the review...
The Long Arm of Liability
The corporate engineer, defined as an engineer who is employed by a corporation rather than a design firm, can also be exposed to personal liability for errors and omissions that cause...
Liability Traps to Avoid
This presentation shows several problem situations and the rules of the game as played by the industry and the courts. It makes three basic assumptions. One, the Materials Engineer knows...
Cautious Risk Taking
Traditionally, the design engineer could bear virtually unlimited liability for design failure. Now he is less vulnerable. The concept is less than 20 years old, but since the early 70s,...
Limitation of Liability as Part of Negotiated Risk Allocation in Engineering Contracts
The use of risk allocation in design contracts has grown considerably over the past eighteen years and is now used extensively by architects and engineers. Negotiated risk allocation has...
A Major Engineering Firm?User of the Documents
This paper contains the author's comments on the use of the Engineers Joint Contract Documents Committee (EJCDC) documents with emphasis on Engineer-Owner Agreements and on...
Licensee Tort Liability and Regulatory Overreaching
Certain of the Federal Energy Regulatory Commission's (FERC) regulations and licensing requirements effectively preempt the states' authority to determine liability....
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