John M. Lowe, Jr., P.E. is civil engineering graduate of the University of Florida and is a Professional Engineer in OR, CA, and FL. John has over 45 years of experience working as a consulting engineer. His varied career has included the disciplines of transportation, environmental engineering, and providing interdisciplinary services to architects and other engineering firms. Upon his retirement in 2010, he began teaching on the subjects of contracting for professional services and avoiding professional liability risk. In 2013, John published a book on these subjects entitled “A Guide to Managing Engineering and Architectural Design Services Contracts – What Every Project Manager Needs to Know.”
The Galloping Gabions: A Case of Improper Construction Procedures That Resulted in Failure of a Gabion System. If you missed this online webinar presentation the on-demand recording to this very insightful webinar is now available. This presentation provides a brief introduction to gabion design and construction, an explanation of the difference between what was designed and then constructed, a description of the progressive failure and analysis of the problem, an overview of the procedure used to defend against a professional liability claim, and a summary of “lessons learned”.
Duty to Warn – A Study of Two Claim Cases Against Design Professionals. This in-depth study of two recent cases against Design Professionals will provide insights obtained from the outcomes of similar claims of Duty to Warn. Although on the opposite ends of the spectrum, these two cases show the extent of how important it is for design professionals to understand the implications of Duty to Warn.
By the end of this presenation, attendees will:
- Understand the definition of Duty to Warn and how it was implicated in the two case study subjects.
- Learn how the direction and guidance provided helped or hurt these cases when it implied a design professional may be at fault due to this concept.
- Learn how the outcome of these two cases may become a precursor to future cases.
- Understand the necessary steps to address and minimize risk exposure which can imply failure to warn.
RISK MANAGEMENT EVENTS
Alert: California Court of Appeal Holds Economic Loss Rule Bars Indemnity and Contribution Claims Against Professional Engineering Firm provided by Severson & Werson
The California Court of Appeal just handed down an important decision for the design and construction industry:
State Ready Mix, Inc. v. Moffatt & Nichol (http://www.courts.ca.gov/opinions/documents/B253421.PDF).
The Court ruled that concrete supplier State Ready Mix, Inc. (State) was unable to pursue any claim for equitable indemnity or contribution against the civil engineer, Moffatt & Nichol (Moffatt). State was sued by the general contractor, which had retained it to supply the concrete for a new travel lift pier at the Channel Islands Harbor, when a portion of the pier had to be demolished and rebuilt after it was discovered that the concrete supplied by State and used to construct the pier was defective. READ MORE
eBook: “A Guide to Managing Engineering and Architectural Design Services Contracts – What Every Project Manager Needs to Know” by John Lowe, Lowe Consulting, LLC – Download Article The book is a resource to design professionals as they manage their professional services contracts. Its more than fifty topics address the process from being selected, through the design process, and to preparation of record documents after construction. The book also contains twelve sample documents intended to improve effectiveness and efficiency during the design and construction process.
Article: Liability for ‘Delegated Design’ – Understanding and Avoiding Risks to Design Professionals – by William Thomas and Anthony Hafner, Pitzer Snodgrass, PC. Today’s construction projects are more complicated than in any other time in our history. While construction means and methods may have become more efficient, aided by technology and innovation, those same drivers have made building components and products more complex. Any project, from a new home to high rise office building, involves highly specialized components and systems which all require an incredible amount of technical knowledge and coordination. In this article Bill Thomas and Anthony Hafner provide extensive definitions, explanations of implications from standard industry form documents, analysis of the caselaw on this subject and more. Download Article
Article Understanding the Reservation of Rights Letter – by Ashley Hurd, Hall & Company You receive your mail and discover a letter from your professional liability insurance company. As you are about to file away the letter, you notice that the insurance company is advising you that there are allegations regarding a recently submitted claim that may potentially cause coverage problems. Your immediate concern is does this means you have no coverage for the claim. Download Article