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A monthly publication from the Wisconsin Society of Professional Engineers
April 2, 2007 Edition
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Nature of Damages in Suits Against Design Professionals - By Robert J. Kay |
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Be Sure to Participate in the 2007 WSPE Membership Directory |
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WSPE's President Corner |
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PE Licensure Changes As we near the end of our program year, our activities are kicking into high gear. The upcoming WSPE Annual Meeting is for all members of the society to attend, to provide input to the society, and to hear from the officers about the state of the society and successes of the past year. It is being held during our annual Discovery Conference in Brookfield April 19, a one-day program that is a great opportunity for you to participate with the state society once this year. Please see details in the article below. Within the next two weeks you will be receiving a ballot for electing
the 2007-2008 WSPE officers. Please take a moment to fill it out
and return it. And please consider serving in the society in some
capacity this year. If you are interested in helping as an officer
or on a committee, contact me at rpeebles@psft.com. Robb Peebles |
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| SPONSOR Improving professional engineering since 1949 Choose from more than 400 continuing education courses in engineering, design, operations, production, maintenance, management, and planning.
Visit our booth at the 2007 Discovery Conference. April 19, 2007 http://epd.engr.wisc.edu |
WSPE Discovery Conference 2007 Update |
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| If you haven't already, you will soon be receiving
the registration brochure
for the 2007 WSPE Discovery Conference. The conference will be held
on Thursday, April 19, 2007, at the Sheraton Milwaukee Brookfield
Hotel, conveniently located near I-94. This year's theme is "Engineering
the Future!" and the program includes a variety of relevant
topics that can help all of us become better engineers. We'll begin
the day with a keynote address by the NSPE President-Elect for 2008-2009,
Ken Rigsbee, P.E., F.NSPE, who will bring us up to date on activities
and initiatives at the national level. Following Mr. Rigsbee, Dr.
Jeffrey Russell, P.E., Ph.D., of the University of Wisconsin-Madison,
will be discussing the subject of mandatory continuing education
and developments from the recent meeting of the National Council
of Examiners for Engineering and Surveying (NCEES). This is a topic
that every practicing engineer or aspiring engineer needs to stay
informed about. |
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| Governor’s New Product Awards (GNPA) Banquet |
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| This year, thirteen exciting new WI products will receive an award at WSPE’s 2007 GNPA banquet. The awards banquet will be held Thursday evening, April 19, 2007 at the Sheraton Milwaukee Brookfield Hotel, 375 South Moorland Road, Brookfield, WI 53005. The GNPA banquet will again be emceed by Mr. Tom Zalaski, WFRV-TV News Anchor, Green Bay, WI, and the keynote speaker will be Lieutenant Governor Barbara Lawton. Banquet costs to GNPA entrants, WSPE members and guests will be $40 per person and will include a sit-down dinner consisting of: A petite 4oz filet, paired with a 4oz grilled chicken breast, topped
with the Chef’s signature sauce Schedule of events: 5:30 – 6:30p.m. Registration, WSPE & GNPA social hour
(cash bar) The GNPA banquet follows WSPE’s Discovery Conference (DC) and registration forms for both can be found in the 2007 WSPE Discovery Conference brochure or online at www.wspe.org. For additional information about the banquet, please contact: Dale R. Swenson, P.E. |
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VOLUNTEERS NEEDED!!!! |
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| On Friday and Saturday, April 20th and 21st the WI Dept. of Regulation & Licensing will be holding the Fundamentals of Engineering and the Principles & Practice of Engineering Exams at 3 sites around the state - Madison, Platteville and Milwaukee. We are in need of 2-3 volunteers from 3:30pm – 5:30pm each day to hand out literature and talk about WSPE and why they should join. If you think you can help us out, please contact Nancy Short, WSPE Executive Director at 414/908-4950 x135 or wspe@wspe.org. |
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Welcome New WSPE Members! |
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| The WSPE Board of Directors would like to extend a heart-felt welcome to the following new WSPE members: James Halter, P.E. |
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Nature of Damages in Suits Against Design Professionals |
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| Occasionally, an aggrieved owner of a construction project that has not been constructed on schedule believes the design professional is responsible for the delay. Usually the owner blames the contractor for late performance, but there are circumstances where the design professional is the liability target. Delays attributable to the design professional include: (1) failure to complete the design within the time provided for in the contract between the owner and the design professional, (2) delays caused by design defects, (3) delays in designing or approving changes in the original design, (4) delays in performing on-site inspections, or (5) delays in providing the owner with completion certificates. Such delays by a subconsultant of a design professional may also expose the design professional to liability, although the design professional may in turn be able to recover from the subconsultant damages which are judged to be owed by the design professional to the owner. Occasionally, a contractor who is delayed in the performance of its work will blame the design professional for those delays for any one or more of the above-mentioned reasons, and as a result of the design professional not responding to complaints from the contractor regarding restraints and interferences encountered on the job site between and among contractors competing for work space or the sequencing of work. It is helpful to the design professional to anticipate the nature and extent of damages that might be recoverable by the owner or by the contractor who complains about delay caused by the design professional. Owners who have been damaged by delay usually seek recovery of the owner’s direct losses caused by an inability to use the improved property as planned. For example, if property is being constructed for purposes of producing rental income, delayed performance may result in lost rents for which the owner seeks recovery. If the property being improved is devoted to a manufacturing use, delays in completing construction will cause the owner to seek recovery of lost profits. Other commercial purposes for the real estate improvement may also result in a claim by the owner for the recovery of lost profits. Normally the courts will not award lost profits unless there is some evidence that profits could reasonably be anticipated by the owner. Therefore, an owner who has no history of producing profits in the course of operating a commercial venture may have a difficult time providing sufficient proof to justify the recovery of lost profits. On the other hand, owners with a successful track record of profitable operations may find it quite easy to recover lost profits. Damages that are sought by contractors are usually more indirect, although lost profits may be sought by the contractor as well. When the contractor is delayed in the performance of its work and job site and home office expenses continue during the period of delay, the contractor will pursue recovery of those onsite and general and administrative overhead expenses. In addition, if the contractor’s labor costs increase as a result of increases in the labor rate or because of labor inefficiencies produced by the delays, those labor costs, which can sometimes be substantial, will constitute a primary effort of recovery by the contractor. In addition, delays may cause idle equipment, the cost of which would be usually measured by the cost of equipment rental fees, whether or not the equipment was owned or rented by the contractor, as well as additional costs for equipment maintenance and insurance. Occasionally contractors will attempt to claim recovery for loss of other business, arguing that but for the delay other customers would have been served, but proving such losses is difficult. Frequently, design professionals will not have insurance to cover the claims associated with delays because they are based on theories of breach of contract rather than negligent conduct. Although design professionals may be sued in both contract and tort for deficient performance, claims against design professionals for delay are usually brought in contract. It is therefore important for design professionals to respond to claims of the owner or the contractor that the design professional is responsible for project delays, by attending promptly and thoroughly to demands for assistance by both owner and contractor. It is also important for the design professional to keep careful records of such complaints and document the efforts made in responding to them. Robert J. Kay is the senior partner in the law firm of Kay & Andersen, S.C. and devotes his time to representing professional engineers, architects, contractors, material suppliers and owners of construction projects. Please feel free to contact him at (608) 833-0077 or at rjkay@kayandandersen.com. |
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Be Sure to Participate in the 2007 WSPE Membership Directory |
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| Back by popular demand! In July the Wisconsin Society of Professional Engineers is once again publishing a special edition of the 2007 WSPE Membership Directory. Please consider the value of listing your firm in the 2007 WSPE Membership Directory. For a low cost of just $295, your company listing will reach the Wisconsin Society of Professional Engineers members, engineering firms, city public works directors, state and federal agencies, libraries, engineering schools and advertisers. A Business Card listing is also available for $100. Advertise in both the directory listing and business card directory at a discounted rate of $335. To request a sign up form and/or to reserve your space in the 2007 Directory, please contact Don McMurray in the media services department today. He can be reached at dmcmurray@wspe.org or 414-908-4950 ext. 111. All forms must be received by May 31, 2007 to be included. A copy of the Directory will be mailed to you following publication date. Special display advertising rates also apply for those companies's wishing to increases their exposure to this distinguished group of professional engineers. Please contact Don if you would like to learn more about the display advertising rates. |
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How Did You Celebrate National Engineer’s Week? |
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| In the last e-news, we asked you to share your experiences
about how you celebrated Engineer’s Week. Here’s how
one member honored the profession: * Marquette University’s College of Engineering Outreach Programs for Winter/Spring 2007 and Summer 2007--These exciting engineering courses are geared towards school aged children and cover a variety of topics, including robotics engineering, engineering for young women, and polymers/plastics. * A Variety of Activities at Marquette University and Discovery World, including engineering contests, introducing females to the profession, robotics, and family engineering projects. * FIRST (For Inspiration and Recognition of Science and Technology) is a program that allows youth interested in Engineering to enter a robotics competition and a Lego™ League. |
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MATHCOUNTS Update |
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| MATHCOUNTS State Competition Update WSPE’s 2007 MATHCOUNTS State Competition was a success in the interest of advancing enthusiasm and interest in mathematics among Middle School students throughout the State. It was held March 3 at the Lowell Center at UW Madison and was attended by 136 contestants from schools thoughout Wisconsin. The individual winners were (in order): This year’s sponsors included:
WSPE and other sponsors provided financial assistance to student Mathletes, Coaches, and Chaperones in the form of subsidizing the cost of hotel rooms during the competition. WSPE especially wishes to thank the lead volunteers who made the competition a success:
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2007 Dates to Remember |
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| April 19 - 2007 Discovery Conference April 19 - GNPA Awards Ceremony and Banquet May 10-13 - The Lockheed Martin MATHCOUNTS National Competition will be held in Fort Worth, TX 2006-2007 Executive Committee/Board Meetings Board of Directors:
Executive Committee:
For a complete listing of local and national events please go to: |
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