Member $1565 / Non-Member $1845
SPECIAL OFFER: A professional liability Risk Management Credit of 10% is earned when you attend the ASCE continuing education seminar Liability of Engineers: How to Stay out of Trouble and purchase professional liability insurance from the ASCE Sponsored Program. The seminar must have been completed within the past 15 months. You must submit a Certificate of Attendance at the time of your application for coverage. At least one principal of the firm must submit a certificate for the firm to receive a credit. The maximum Risk Management Credit is 10% of your total premium.
This seminar was well worth the time; incredibly informative and tailored for engineers. A ‘must
attend’ program guaranteed to save headaches and hardships down the road. - Andrew Malek, AKRF Engineering, New York
This is one of the best seminars I have ever attended. I would love to attend another seminar
taught by Mr. Liloia. - John Trowbridge, Iroquois Pipeline Operating Co., Killingworth, CT
Great presenter! He is very knowledgeable and covered the topic perfectly. - Jeffry Lovell, Lovell
Engineering Associates, Valdosta, GA
Awesome! - Joubin Pakpour, Pakpour Consulting Group, Pleasanton, CA
INSTRUCTOR: Peter Liloia III, Esq., A.M.ASCE
Purpose and Background
There has been an expansion over the years of the liability of engineers for design, job site inspection, safety and contract administration. This course will cover the responsibilities and liabilities of engineers, both contractually and from case law. It will provide an understanding of the interrelationships between engineers, owners and contractors on a project, and the contract and legal principles which apply thereto. You will learn how to properly document the job and why it is essential. You will learn how to head off problems by using the right contract language, including clean and fair terms. Advice will be given on actions to take during the design phase and the construction phase which will minimize problems, and how to effectively resolve disputes that inevitably surface. The seminar will be presented in an informal, interactive style, using real-life examples. Participants will be given practical, hands-on advice and guidance on how to best conduct themselves and thus, avoid trouble.
Seminar Benefits and Learning Outcomes
- Understand the responsibilities and liabilities of engineers, owners, and contractors
- Eliminate problems up front by using the right language and procedures in the contract and specification
- Learn how to properly document the job and why this is crucial
- Learn about negotiation, mediation, and arbitration, and why they are good alternatives to court
- Discover what preemptive actions should be taken to reduce and eliminate liability issues and avoid problems down the road
Assessment of Learning Outcomes
Case studies, real-life examples, and class exercises will be used to assess achievement of learning outcomes.
Who Should Attend?
- Consulting Engineers
- Field Engineers
- Project Managers
- Construction Managers
- Contractors and Subcontractors
- Government Agencies and Public Owners
- Private Owners and Developers
- Design-Build Firms
- Architects
- Attorneys
Seminar Outline
Time: 8:30 a.m. – 5:00 p.m.
DAY 1
Engineer’s Warranty to Contractor Re: Adequacy of Design
Liability of Engineers
- Design
- Inspection and contract administration
- Means and methods; safety
- Shop drawing approval
- Actions Engineers can take to minimize exposure
Effect of Incomplete, Ambiguous or Incorrect Design Documents
- Impact on Project and to Contractor
- Consequences to Engineer
- Ways to reduce claims and mitigate impact
Typical Construction Contract Terms: Meaning and Ramifications
How Fair Contracts Work for You/How Harsh Contracts Can Hurt You – Part I
- Site investigation/subsurface conditions
- No damage for delay
- Indemnification
DAY 2
How Fair Contracts Work for You/How Harsh Contracts Can Hurt You – Part II
- Notice of claim
- Design professional attempts to absolve himself from liability for his own mistakes
Differing Site Conditions/Superior Knowledge Doctrine
- Definition
- Purpose of differing site conditions clause
- Common occurrences
- Effect of site investigation clauses and disclaimers
- Superior knowledge doctrine
- Formal contract requirements
- Change order for equitable adjustment
- What if owner denies contractor’s claim for differing site conditions?
- Geotechnical design reports
- Ways to minimize differing site conditions claims
How to Document the Job and Why It’s Critical
- Why is documentation so important?
- What are the characteristics of good documentation?
- How should the job be documented?
- Risk of not having good documentation
Dispute Resolution Options and Their Benefits Over Litigation
- Negotiated settlement
- Mediation
- Arbitration
- Dispute Review Board
Hotel Information
Discounted hotel rooms are available on a first-come, first-served basis. See discount deadline and rates below.
Important Details About Your Seminar