NSPE's Gateway to Private Practice August 2007 
 

EJCDC releases NEW 2007 version of Construction Contract Documents

The 2007 version of the EJCDC construction contract documents are now available.  21 documents in total. 

  • Immediately Downloadable
  • Peer Created and Reviewed
  • Available for Multiple Project Use
  • Balanced and Fair

Why use documents and language created by someone other than an engineer?
Add these to your risk management arsenal today. 

***NSPE MEMBERS Save 50% on all contract documents****

Construction Related Documents:           

  

C-990 Construction Related Documents, Full Set (includes all of the following)
Member $700/Nonmember $1,400

C-700 Standard General Conditions of the Construction Contract
Member $100/Nonmember $200

C-800 Guide to the Preparation of Supplementary Conditions
Free download

C-001 Narrative Guide to the 2007 EJCDC Construction Documents
Member $56/Nonmember $112

C-050 Owner’s Instructions Regarding Bidding Procedures & Construction Contract Documents
Member $20/Nonmember $40

C-051 Engineer’s Request for Instructions on Bonds & Insurance
Member $20/Nonmember40

C-052 Owner’s Instructions Concerning Bonds & Insurance for Construction
Member $20/Nonmember $40

C-200 Guide to the Preparation of Instructions to Bidders
Member $56/Nonmember $112

C-410 Suggested Bid Form for Construction Contracts
Member $56/Nonmember $112

C-430 Bid Bond, Penal Sum Form
Member $56/Nonmember $112

C-435 Bid Bond, Damages Form
Member $56/Nonmember $112

C-510 Notice of Award
Member $28/Nonmember 56

C-520 Suggested Form of Agreement Between Owner & Contractor, Stipulated Price

Member $56/Nonmember $112

C-525 Standard Form of Agreement Between Owner & Contractor, Cost-Plus
Member $56/Nonmember $112

C-550 Notice to Proceed
Member $28/Nonmember 56

C-610 Construction Performance Bond
Member $56/Nonmember $112

C-615 Construction Payment Bond
Member $56/Nonmember $112

C-620 Contractor’s Application for Payment
Member $28.00/Nonmember 56.00

C-625 Certificate of Substantial Completion
Member $28/Nonmember 56

C-940 Work Change Directive
Member $28/Nonmember 56

C-941 Change Order
Member $28/Nonmember 56

C-942 Field Order
Member $28/Nonmember 56
                                                                             


PEPP Presents Prestigous Awards During 50th Anniversary Gala

PEPP presents several awards each year to recognize noteworthy contributions to the consulting engineering field. This year PEPP recognized the 2007 award winners on July 26 during the PEPP 50th anniversary Gala in Denver.

 

 PEPP Award

The purpose of the PEPP Award is to honor an individual who has made an outstanding contribution to the role of private practice serving in the public interest.

Michael F. Davy, P.E., F.NSPE

Mike has served NSPE and PEPP since 1972, including 20 years as a member and chair of the Professional Liability Committee. He has been a state PEPP governor, a regional vice chair, as well as member and chair of the former PEPP Education Committee and Employment Practices Committee. He has also served the profession through the Wisconsin Society of Professional Engineers as everything from chapter president to state president.

Mike has served as the president of Davy Engineering Co. for more than 20 years. He also wears the hat of project engineer for many of his firm’s business endeavors. Davy Engineering Co. makes a conscious effort to provide direct project involvement by the principals. This has resulted in the company’s decision to avoid branch offices and to limit the geographic area where services are offered. The company also limits services to those areas where the principals are most adept.


PEPP Professional Development Award


Since 1960, NSPE has used this award to recognize engineering employers who have made significant contributions to the advancement and improvement of engineering practices.

PB Americas Inc.

PB Americas Inc. (formerly known as Parsons Brinckerhoff), headquartered in New York City, is an employee-owned company with over 9,700 employees working in more than 150 corporate and project offices worldwide. PB was founded in 1885 and is one of the oldest and most distinguished engineering consultant firms in the U.S. PB provides a wide range of planning, engineering, construction management, architectural, and environmental services to predominantly public sector clients.

PB Americas Inc. enhances their business by providing career opportunities for employees through better knowledge management, promotion of training, and recognition of achievement. Examples include the PB Institute that oversees continuing education requirements and addresses global training issues; the Knowledge Practice Program, which focuses on strengthening the exchange of knowledge among all PB employees worldwide; the Professional Associate program which provides a framework for career development and recognition; the Practice Area Networks, which provide a forum for employees in 50+ practice communities to exchange information and ideas; and the Professional Growth Network, which unites hundreds of the firm’s emerging professionals to develop programs focused on their career needs. 



PEPP Outstanding Service Award

The PEPP Outstanding Service Award is presented to recognize outstanding service by PEPP Executive Board members, committee chairs or members, PEPP members serving in liaison functions or on joint activities, or to any other member who has made significant contributions to PEPP.

Larry L. Britt, P.E.

Larry has shown sustained support and dedicated leadership on behalf of PEPP, NSPE, and the Engineers in Private Practice over many years.  Larry has served on the PEPP Business Practices Committee, the Professional Liabilities Committee, the Engineers Joint Documents Committee, the PEPP Awards Committee, and the PEPP Marketing Development Committee. He has also served as PEPP Board of Governor Mississippi, PEPP Southeast Region vice chair, PEPP chair-elect, PEPP chair 2005-2006, NSPE Board of Director Practice Division vice president, NSPE House of Delegates delegate and most recently as PEPP past chair and chair of the PEPP Finance & Planning Committee.


 

PEPP Chair Award

The PEPP Chair Award is presented to a person or organization that has contributed to the engineering profession, the practice of consulting professional engineers, and the public’s understanding of the role that the professional engineer in private practice plays in advancing the quality of life.

Fred. E. Palmerton, P.E., F.NSPE
Palmerton & Parrish Inc.
Springfield, MO

Fred has served NSPE at the State and National level for many years.  He has serve as state president, PEPP chair, NSPE Practice Division vice president, to NSPE Executive Committee member, and many positions in between.  

Fred's input and viewpoint, his willingness to champion a good cause, but not be afraid to test and challenge issues that arise, are qualities greatly appreciated  His support and encouragement and belief in our young engineers is unwaivering.  He has been an excellent mentor to many.  And his dedication to our profession is unparalleled.

 

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Professional Liability/Risk Management Brief — Express Warranties
Richard B. Garber, Vice President A/E/C Risk Management Services, Victor O. Schinnerer & Company Inc.

Express Warranties 

When you hold yourself out as being able to provide professional services, you make certain promises on which a client can rely. Implicit in your agreement are promises that you are legally qualified to perform services, you are appropriately licensed, and you will perform in a reasonable manner. It’s when other performance promises, “warranties,” are made that design professionals leave themselves open to legal troubles.

The Common Law Standard of Care

The U.S. legal system protects professional service providers. It does so by holding them responsible for meeting a common law standard of care applicable to their services. The common law standard is based on how similarly licensed professionals have performed the same services under similar circumstances. Whether or not an appropriate standard of care is ever discussed with a client or detailed in writing, it exists as a measure of performance. The law generally looks at the process by which the services were performed and evaluates the performance in relation to what could have been reasonably expected.

Establishing Express Warranties

Promising reasonable performance—non-negligent services— is in line with the common law standard of care. A statement guaranteeing a satisfactory result, however, is an “express warranty.” In determining whether an oral or written statement constitutes an express warranty, the law interprets the definitiveness of the statement, the likelihood of the level of performance being met, and the reasonableness of any reliance by the client on the statement. To help you identify an express warranty, here’s an example taken from the National Construction Law Center (NCLC) Document 1, Contract for Architectural Services Between Owner and Architect, 1994:

The Architect shall prepare all documents and things required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes and regulations.

Note that “accurate,” “coordinated,” “adequate,” and “in conformity” are absolute terms requiring an absolute result. When an express warranty is established, the law no longer asks, “What would others have done?” but rather, “Did the professional fulfill this specific promise?” Firms may unintentionally establish an express warranty through a carelessly written proposal that is incorporated into a contract. Even statements separate from the contract may be construed as express warranties.

Exclusion from Insurance Coverage

Warranties, although inappropriate for the services provided by design professionals, are attractive to clients since their breach is easier to establish than negligence. However, professional liability insurance policies—including the CNA/Schinnerer policy— exclude coverage for breach of express warranties because the risks of such independent promises are impossible to ascertain and evaluate when insurance premiums are determined.

Avoiding Uninsurable Exposures

One method of avoiding the application of warranty theories to professional services is to state a reasonable standard of care. Schinnerer’s Terms and Conditions Review Guide, which can be found at www.PlanetAEC.com recommends the following as a contractual provision that addresses this issue:

The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the skill and care used by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant’s services.

 

Victor O. Schinnerer & Company Inc. is managing underwriter for the CNA/Schinnerer Professional Liability Insurance Program commended by NSPE/PEPP since 1957. 


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PEPP 2006—07 Chair Congratulation to PEPP on 50th

PEPP recently celebrated its 50th anniversary with a Gala on July 26 in Denver. Over 100 members came from all over the East and West coasts, different geographic regions, and representing different generations, and life experiences. They were there because PEPP had touched their lives, or possibly changed it in some positive way. It is important to note that while we celebratined the 50th anniversary of the Professional Engineers in Private Practice, we also celebrated the fact that licensure of our profession has been an active, integral part of the United States for 100 years.

Planning the PEPP 50th Anniversary Gala event was a labor of love by a very dedicated committee of PEPP members, leadership, both past and present, and staff. I am sure they echo my opinion that it has been very gratifying to see the amazing response we had to our celebration.

For me, one of the major benefits has been learning about the rich history of the Professional Engineers in Private Practice. I clearly saw the fact that through numerous name changes – from creation in October 1956 as the “Functional Section for Engineers in Private Practice,” Professional Engineers in Private Practice in 1962, Practice Section in 1968, Practice Division in 1973, and Interest Group in 2005 – PEPP continues to provide value to engineers in private practice and to NSPE.

In October 1956 PEPP came to be, and history shows how important PEPP has been to helping NSPE evolve and grow. Looking at old photos and reading about NSPE programs and events sponsored and/or held by PEPP has also been fascinating because it shows the vital role PEPP plays in building an active and vibrant professional community, creating a model of greater efficiency and action,  and fostering debate on a variety of topics.

We hope that you will visit us often throughout the year and in the future as we continue to do our best to offer relevant programs and services, enhance PEPP spirit, and develop community.

Please join me in wishing PEPP “happy anniversary."  I was honored to be the PEPP Chair during the 50th anniversary and am honored to be part of PEPP with all of you.  I know the next 50 years will be as successful as the first 50.  If you were unable to join us at the Gala, you may enjoy watching this presentation of current and past PEPP leaders.  We'll add photos of the Gala shortly.

Most sincerely,

Steve Theno, P.E.
PEPP Chair 2006–07

 

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PEPP and TSPE Present HR Roundtable West

   and

October 24–26
Wyndham Dallas North by the Galleria
4801 LBJ Freeway
Dallas, TX 75244

NSPE, in conjunction with the Texas Society of Professional Engineers, announces NSPE-PEPP Human Resource Directors’ Roundtable–WEST.** The HR Roundtable is a valuable forum for human resource directors of engineering firms to network, benchmark current activities, identify trends, and discuss emerging issues.

  • Opening Night
    Wednesday, October 24
    Get Acquainted Dinner and Presentation

  • Sessions
    Thursday and Friday, October 2526
  • Agenda
    A
    schedule of events is available. (PDF)
  • Topics
    HR as the strategic partner, servant leadership, developing compensation structures, surviving the OFCCP compliance update, succession planning, the ever-popular open discussion sessions, and much more!

Registration

  • $495 includes Wednesday evening Get Acquainted Dinner, breaks, lunches, continuing education sessions, and facilitated discussions with the presenters. Participants will earn continuing education credits and receive documentation of their attendance.

Location and Lodging

Wyndham Dallas North by the Galleria
4801 LBJ Freeway
Dallas, TX 75244

  • The deadline for securing a room under the Texas Society of Professional Engineers room rate of $139 is September 24. Reservations received after September 24 will be provided on a space available basis.
  • Reservations can be made by calling the local reservations office at 972-661-3600, or toll-free at 866-444-7666 and asking for the Texas Society of Professional Engineers room block.

 

**This program is in addition the the annual Roundtable held each spring in Alexandria, Virginia.
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NSPE Expands Fall Education Sessions to 14

Register today for one of the September Web Seminars

September 5, 12:30–1:30 p.m. E.D.T.
Ethics Forum: Ethical Engineering/Fair Trade
Arthur E. Schwartz, Esq. NSPE Deputy Executive Director

September 18, 1:30–3:00 E.D.T.
Essentials in Cyber Law: Domain Names, DMCA , Cyber Squatting & Trademarks
Rick Martin and Tony DeGidio, Esq., Attorneys at Law, Fraser Clemens Martin & Miller LLC
Intellectual Property and Technology Law

September 19, 1:30–3:00 E.D.T.
High Tech Recruiting
Jennifer Holstine, NAS Recruitment Communications
Sponsored by the Professional Engineers in Industry

September 26, 1:30–3:00 E.D.T.
Professional Engineers in Construction 2007–08 Web Seminar Series: Earned Value Management
Jack C. Freeman, P.E., PBS&J 
 

September 27, 1:30–3:00 E.D.T.
Til Death Do Us Part: Keeping Your Employees Engaged
Dan Ryan, The Human Capital Group Inc.
Sponsored by PEPP Council of Principals

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Join your colleagues and
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PEPP 2007-2008 Executive Board

Chair
Kevin Skibiski, P.E., F.NSPE
Springfield, MO

Chair-Elect
Randy Rakoczynski, P.E.
Buffalo, NY

Secretary
Pete Koval, P.E.
Syracuse, NY

Immediate Past Chair
Steve Theno, P.E.
Anchorage, AK

Vice Chair, Northeast Region
Randy Petersen, P.E., F.NSPE
Annapolis, MD 

Vice Chair, Southeast Region
Dan Dawson, P.E.
Wilmington, NC

Vice Chair, Central Region
Mark Davy, P.E.
La Crosse, WI

Vice Chair, North Central Region 
Kevin Nelson, P.E.
Bismark, ND

Vice Chair, Southwest Region
Eric West, P.E.
Midland, TX

Vice Chair, Western and Pacific Region
TBD

Young Engineer Representative
Bobbie Claybrooke, E.I. 

Parrish, FL

SSEC Representative
Pat Christians
Birmingham, AL

PEPP Staff
Kim Granados, CAE
1420 King Street
Alexandria, VA 22314
tel: 703-684-2857
fax: 703-836-4875

 

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