|
|
A monthly publication from the Wisconsin Society of Professional Engineers
April 2009 Edition
WSPE's President's Corner |
|
Fellow P.E.s, By the time you read this message, we will only be three weeks away from the 2009 Discovery Conference. As I tentatively noted in last month’s message, the 2009 Governor’s New Product Award recognition dinner has been cancelled. This may be the first direct impact to WSPE due to the economic downturn. Nonetheless, the Discovery Conference is still on schedule for April 23 at the Tundra Lodge in Green Bay. The final program is complete. With a theme of “Energy for Tomorrow,” the program promises to be very informative as well as interesting. The program will begin with a keynote presentation by Judy Ziewacz, Director of the Wisconsin Office of Independent Energy on Governor Doyle’s 25X25 Energy Goals. In addition, there will be five other speakers covering next-generation biofuels, the bioplastics and composites industry, CO2 emission reduction, wind energy, and the utilization of biomass gasification at a power generating plant in Ashland, WI. As usual, the conference will include several social events. The program will begin on Wednesday evening with an ice-breaker at Titletown Brewery. The brewery is a historic train depot previously operated by Chicago & Northwestern Railroad. The program will close Thursday afternoon with a reception and tour of Lambeau Field. In addition to the Conference, the WSPE annual meeting will be held at 3:00 PM on Wednesday, April 22 at the Tundra Lodge. Please include that meeting in your schedule of events. See you at the Discovery Conference. Michael J. Lefebvre, P.E. |
|
SPONSOR |
Students Win Wisconsin MATHCOUNTS Competition |
|
| Congratulations to a team of middle school Mathletes® from Velma Hamilton of Madison, who won the Wisconsin State MATHCOUNTS competition. The top individual is Sohill Shah from Thomas Jefferson of Madison. Members of the winning team are: Amy Hua, William Xiang, Ari Pollack and Joel Wang, coached by Loi Nguyen. The second- and third-place teams are from Thomas Jefferson of Madison and St. Eugene of Fox Point, respectively. The top four individuals from the State Competition will represent Wisconsin at the 2009 Raytheon MATHCOUNTS National Competition in Orlando, May 7-10, 2009. The four team members are: Sohill Shah from Thomas Jefferson; and Amy Hua, William Ziang and Ari Pollack from Velma Hamilton of Madison. The coach is Loi Nguyen from Velma Hamilton of Madison. In our increasingly technological society, those students who do not begin developing strong problem-solving, logical thinking and analytical abilities in middle school will face an uphill battle later in life if they wish to pursue a medical, scientific, mathematical, engineering, or technical career. As a national math enrichment, coaching and competition program designed to improve math skills among U.S. students, MATHCOUNTS prepares students for future career opportunities and success. More than 7 million students across the U.S. have participated in the MATHCOUNTS program in the last 26 years. The state program is sponsored by 3M, Kohler Company, Wisconsin Society of Professional Engineers, and UW-Madison College of Engineering Dept. of Engineering Professional Development. Leadership of the local MATHCOUNTS program is provided by members of the Wisconsin Society of Professional Engineers and the National Society of Professional Engineers. The National Sponsors of MATHCOUNTS are Raytheon Company, Northrop Grumman Foundation, National Society of Professional Engineers, CNA Foundation, ConocoPhillips, General Motors Foundation, Lockheed Martin, 3M Foundation, and Texas Instruments Incorporated. The National Society of Professional Engineers, National Council of Teachers of Mathematics, and CNA Foundation founded MATHCOUNTS. Click here for additional information on MATHCOUNTS.
|
|
NSPE New Member Benefit: Salary Survey |
|
| Recently, NSPE launched an exciting new member benefit. It’s one that you’re already familiar with, but it now has a new approach that will provide yet another valuable reason to be an NSPE member. As you may know, for many years NSPE published its own salary survey. Then, in 2003, we began a joint salary survey with ASCE, ASME, and other groups. Several months ago, we decided it would be in our members’ best interest to take our version of the survey in a new direction. NSPE again fully owns and operates its own survey, just like it did from 1952 through 2002. This gives us flexibility in pricing and distribution. The big benefit for members is that by simply participating in the survey, they will receive free, unlimited access to complete survey data, not just a complimentary page or two of results. In addition, if they complete the survey by clicking here by March 31, they will be eligible to win one of two $200 American Express gift cards. Obviously, the more participants we have, the more valid the survey results. Our competitors sell similar data for as much as $600. As an NSPE member, you get it all free! All you have to do is contribute your data to the online survey database. The change will be seamless, and members who have previously completed the survey won’t notice a difference with the Web interface at http://nspe.enetrix.com. Also, the salary data that was previously entered via the NSPE site will be maintained, so we’ll just pick up where we left off. For those who are not members, or are members but choose not to participate in the survey, here’s the pricing model:
We have started notifying the full membership about the new survey, using all NSPE communication vehicles, and we ask that you help spread the word and encourage participation. And if you haven’t contributed data for awhile, please do so and get your own complete set of salary data. |
|
| SPONSOR
|
NSPE Offers WSPE Members Four Free Professional Development Hours (PDHs) |
|
Recently, NSPE launched a radical new approach to an old member benefit: The comprehensive results of the NSPE Engineering Income and Salary Survey are now available for free to members who participate in the survey—a value of up to $600. Needless to say, this new benefit was very well received by the members. In February alone, just over 1,000 people completed the survey. NSPE is introducing another member benefit: Four Free PDHs. We’ve chosen to launch this program with four current and very popular ethics courses. At the usual retail price, these four PDHs are worth about $600. So, you ask, how can NSPE give away $1,200 in benefits for National’s $125 portion of your NSPE dues? The answer is, your investments in hardware, software, the Web site, and yes, the AMS database, are all paying off at the same time. And this is just the beginning. But back to those free PDHs…. Now, all members can earn four free professional development hours by taking four online seminars on ethics topics. These new courses, which are $149 each for non-members, provide members with a significant savings and easy access to continuing education credit. The courses are
At the end of each seminar, a quiz will be available for those who need it to meet their state’s continuing education requirements. The seminars have also been approved for continuing education credit in New York. To access the courses, click here. Just like the new salary survey benefit, the free PDHs are available simply when you pay your national dues. It’s a use-it-or-lose-it arrangement, with no carryovers for unused services. Each year, the clock starts when you pay your dues, and you get another year’s access and a new package of benefits. New benefits worth $1,200 for $125—that’s a pretty good deal. These kinds of benefits depend on high-volume usage that’s spread over a fixed cost. So, if you like this approach, please encourage other members to use their new benefits and spread the news to future members who will thank you for your thoughtfulness in these difficult economic times. |
|
| SPONSOR
Our School of Continuing Education is conveniently located in downtown Milwaukee. We offer evening non-credit programs that will help you progress on your professional development path.
Visit http://www4.uwm.edu/sce/program_area.cfm?id=85 for more information or call 414-227-3121.
Visit http://www4.uwm.edu/sce/program_area.cfm?id=85 for more information or call 414-227-3121. |
Take the 2009 Milton F. Lunch Ethics Contest Challenge! Deadline April 17, 2009 |
|
All current NSPE individual members through their NSPE state societies, and NSPE chapters (including student chapters), are invited to participate in the 2009 NSPE Milton F. Lunch Ethics Contest. Here's your opportunity to match your wits with experienced P.E.s and engineering students throughout the country! Contestants must develop discussion and conclusions about the ethics of the engineer in the case using the format of the NSPE Board of Ethical Review. Entries must be 750 words or less and must be received at NSPE Headquarters by Friday, April 17, 2009. |
|
To What Extent May a Professional Engineer Signing a Standard Design Contract with an Owner Rely Upon Owner’s Information and Surveys? |
|
This writer had the privilege of representing one of Wisconsin’s architectural firms, Angus-Young Associates, Inc., in a case where the owner retained Angus-Young to study potential sites for a business facility. One site considered was an existing building in Beloit which was built in part over the Rock River. Angus-Young recommended a structural inspection of the building. The owner retained a professional engineering firm to inspect and evaluate the building and report on its structural soundness. The engineering firm found the building based on its “visual inspection” to be “in good structural condition.” As to that portion of the structure in the water, the engineering firm reported that the piers and caissons were in good structural condition, except for two piers and caissons, which it recommended be repaired. The engineering firm concluded that the piers and caissons were not considered a significant safety concern. The report was silent as to whether an inspection had been undertaken of the building’s foundation under water. Based on that structural report, the owner purchased the building and retained Angus-Young to perform preliminary work, make cost estimates for renovation, and develop renovation plans. The owner provided Angus-Young with a copy of the engineering report at some time either before or after a formal contract for architectural services was executed. When work on the building was underway, the first floor was removed and it was discovered that one corner was three and three-quarters inches lower than the rest of the floor. Angus-Young recommended to the owner that an engineering firm be retained to investigate the cause of the floor elevation variance. An engineering firm other than the one that had initially rendered the structural opinion examined the building including the foundation under the waterline and concluded that timber piles upon which the building rested had deteriorated and that costly and time-consuming repairs were necessary before the building renovation could proceed. The owner brought suit against Angus-Young and the engineering firm that had rendered the initial opinion that the building was structurally sound. The circuit court granted Angus-Young’s motion for summary judgment, concluding that Angus-Young was not liable because it was contractually entitled to rely upon the engineering report which had been independently obtained by the owner and furnished to Angus-Young. On appeal, the Wisconsin Court of Appeals reversed the circuit court and remanded the case for a jury trial where the jury would be called upon to determine whether Angus-Young’s reliance upon the engineering report obtained by the owner failed to meet the standard of professional care expected of an architect Kerry, Inc. v. Angus-Young Associates, Inc. et al., 2005 WI App 42, 280 Wis. 2d 418, 694 N.W.2d 407. The contract between the owner and Angus-Young, a standard AIA B141contract form, supported Angus-Young’s position. The Court of Appeals noted:
Nonetheless, the Court of Appeals rejected Angus-Young’s position that it had no liability because it had no contractual responsibility to assess the adequacy of the original structural inspection report. The Court concluded that the parties’ contract did not preclude a claim by the owner based on a tort claim of professional negligence, i.e., a failure to meet the requisite standard of professional care in discharging its responsibilities under the contract with the owner. The Court of Appeals held that it was a jury issue as to whether a reasonably prudent architect would determine the adequacy of the owner-procured engineering report which stated that the building was structurally sound ... giving no legal effect to the contractual provisions that arguably relieved the architect of that responsibility. The Wisconsin Supreme Court refused to review the decision and therefore the decision of the Court of Appeals represents the law in the State of Wisconsin. Professional engineers are as concerned as architects about their ability to rely upon the contractual provisions contained in standard contract forms defining the professional engineer’s and owner’s responsibilities. Article 6 of EJCDC E-500 sets forth the Standards of Performance.
However, § 6.01 D. provides:
Article 6 contains other provisions purporting to protect the professional engineer against guaranteeing the accuracy of information provided by the owner or by others, or for acts or omissions of any contractor, subcontractor, supplier, or by the owner. Under Article 6.01.B. the owner is protected as follows:
The question arises in view of the Angus-Young decision as to whether and to what extent a professional engineer may rely upon the adequacies of the information furnished to the engineer by the owner regarding the site, or any other pertinent information regarding the project. The provisions of Exhibit A to EJCDC E-500, 2002 edition, set forth standard basic services consuming six pages of narration. In addition, Part 2 of Exhibit A sets forth two pages of Additional Services, requiring the owner’s written authorization. Clearly, the standard contract terms regarding the engineer’s basic and additional services must be carefully examined by the professional engineer to limit the project requirements to the reality of the project. Some have observed that the design professional receives proportionately the smallest remuneration and has the greatest potential legal exposure. It is extremely important to the professional engineer that the preparation of written contracts between owner and professional engineer be clear as to who is to do what on a project. Even then, the professional engineer may find that the owner accuses him or her of failing to meet that standard of professional care, regardless of what the contract language reads regarding the right to rely. It appears self-evident that the contract should never provide for the performance of professional duties which are not contemplated by the parties and that are not necessary for the performance of the professional work intended by the parties. It is not self-evident in light of the Kerry, Inc. v. Angus-Young decision that the professional engineer can rely on the adequacy or correctness of owner-provided information, including professional reports from third parties, or upon the contract protections found in Article 6 of EJCDC E-500. Attorney 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 visit www.kayandandersen.com. |
|
SPONSOR |
Register Today for the WSPE Discovery Conference |
|
Register today by clicking here. The conference will take place in Green Bay, WI at the Tundra Lodge on April 22 and 23, 2009. You will hear excellent speakers on a variety of topics in engineering, with a focus on "Energy for Tomorrow." |
|
Welcome New WSPE Members |
|
The WSPE board of directors would like to extend a heartfelt welcome to the following new WSPE members:
New members contribute to the growth, strength and leadership of the WSPE in enhancing its recognition as a leading voice for Professional Engineers throughout Wisconsin and promoting excellence in engineering. |
|
