Alabama, Florida Win Significant Tort Reform Victories To Improve Business Climate Several ACEC/Alabama members attended the Good Samaritan Bill-signing ceremony with Governor Bob Riley (seated), including from the left: Past President Dale York, Secretary/Treasurer Randy Sain, and President-elect Forrest Wilson. Executive Director Renee Casillas (center) is joined to the right by State Rep. Randy Wood, one of the bill's sponsors.

ACEC/Florida President Ernest A. Cox, III applauds Florida legal reform. ACEC/Florida and ACEC/Alabama helped achieve major tort reform victories recently that will significantly improve the business environment for their members. Council members in both states met with their governors and state legislators to secure final passage. In Florida, a bill repealing the state's joint and several liability law passed both legislative chambers and is expected to be soon signed into law by Governor Jeb Bush. The change means that Florida engineering firms can no longer be held liable for damages caused by others. Previously, every defendant in a lawsuit was considered "jointly and severally" liable for the entire amount of the plaintiff's damages, regardless of degree of fault. Plaintiff attorneys would often name engineering firms in lawsuits with the hope that the firm would settle out of court rather than risk being liable for full damages. "Passage of this bill is a great first step in bringing much needed legal reform to our state," said ACEC/Florida President Ernest A. Cox, III. "The former law put an excessive and unfair burden on businesses for circumstances beyond their control." Meanwhile, Alabama Governor Bob Riley signed a bill last week providing Good Samaritan protections for the engineering and construction industry. The Alabama law, which had been a top legislative priority for ACEC/Alabama, was spurred by the rash of severe hurricanes in the Gulf Coast region. The Good Samaritan law provides civil immunity to licensed engineers, architects, land surveyors, contractors, subcontractors and those working under direct supervision without compensation to help rebuild areas affected by natural disasters. "This is a great victory for both the public and the engineering, architectural and construction industry," said ACEC/Alabama President Bill Carwile. "This law will enable design professionals and contractors to render their expertise during the critical period between the disaster occurrence and such a time formal contracts for reconstruction can be negotiated."

Top-Quality Business Education, Expanded Legislative Advocacy Highlight Convention Education programs addressing important engineering business challenges will be a focal point of the upcoming 2006 Annual Convention and Legislative Summit—April 30-May 3 in Washington D.C. Among these programs are: Managing a Green Building Project; The Cost of Perfection; Working in Contractor-Led, Design-Build Teams; Strong Governance—Building a Board That Works; and The Design Firm Business Model. The Convention also includes ACEC's traditional advocacy program, which has been expanded into a three-day "Legislative Summit" featuring key political speakers, agency visits and advanced issue education. Former House Speaker Newt Gingrich will discuss new directions in American politics during the Opening General Session, Monday May 1, while former chairmen of the Democratic and Republican National Committees, Terry McAuliffe and Ed Gillespie, will debate the current state of U.S. politics during the May 1 Keynote Luncheon. The Convention also features a special Town Hall Meeting on Monday May 1, to debate the pros and cons of national licensure. CEO Roundtables and Professional Business Forums are also scheduled. Make your reservations today! Click here to view Convention registration information.

ACEC Urges More Contracting Out At Bureau Of Reclamation ACEC submitted testimony this week at a House hearing that examined the use of the private sector and other management issues at the Bureau of Reclamation. The testimony before the House Subcommittee on Water and Power expressed support for an independent study released by the National Research Council in January, which urged the agency to make greater use of private firms for engineering and other construction-related activities. Titled "Managing Construction and Infrastructure in the 21st Century Bureau of Reclamation," the report makes several recommendations for improving Bureau's operations, including adoption of consistent acquisition and contracting policies for its regional and district offices, with emphasis on adhering to the Federal Acquisition Regulations (FAR). The report also urges the agency to consider structural changes that will enable it to contract out "much of the engineering and laboratory testing work." ACEC's testimony supported these recommendations, citing two major projects as examples of the Bureau's failure to make efficient use of the private sector. One such project was in Montana, and required state government intervention because the Bureau failed to conduct a proper feasibility study on a major water project. The Council's testimony emphasized the National Park Service as an example, which restructured its acquisition processes a few years ago and now contracts out 90 percent of its engineering design and all construction management functions. Problems with the Bureau are not new. ACEC pursued federal legislation a few years ago to address the Bureau's tendency to keep engineering work in-house and compete with the private sector. The F.Y. 2003 Omnibus Appropriations Act directed the Bureau to adopt gradual percentage increases in the use of the private sector in performing planning, engineering and design work for Bureau projects. The National Research Council, which issued the "pro-outsourcing" report cited above, is an arm of the National Academy of Sciences. Click here to access the full report and an executive summary at the Academy's website. Click here to access ACEC's testimony.

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