ACEC Seminars Address Limitation of Liability & Economic Loss Doctrine Both the Economic Loss Doctrine and Limitation of Liability clauses provide critical legal protection for Member Firms. Next week, ACEC will present a pair of seminars to provide members with up-to-the-moment insights into these important issues. The Economic Loss Doctrine, which is law in many states, provides that in a contractual relationship, when only economic damages are involved, the client can only recover up to the limits of the Limitation of Liability clause in the contract. “If you are a design professional, learning about how the Economic Loss Doctrine affects your firm will help you make better informed business decisions,” said ACEC General Counsel Charles Kim. ACEC will present Understanding the Economic Loss Doctrine, Las Vegas and Beyond on Tuesday, March 23. The program will focus on how courts in different jurisdictions apply the Economic Loss Doctrine in legal disputes involving design professionals. Click here for details and to register. ACEC will follow up on Wednesday, March 24, with Update on Limitation of Liability Clauses in Design Professional Agreements, which will focus on specific court cases in which limitation of liability clauses have been affirmed or invalidated. Click here for details and to register.

Senate Poised to Clear FAA Reauthorization The Senate is moving toward final passage this week of legislation to reauthorize and expand federal aviation programs and construction funding. ACEC strongly supports the bill, which includes an increase in airport improvement funds. Jerry Stump, chairman of ACEC’s Aviation Subcommittee, said the FAA funding bill will stimulate job growth. The Senate bill renews FAA programs and funding through Fiscal Year 2011 and includes a $500 million increase in annual funding for the Airport Improvement Program. “We are very pleased to see this long-stalled bill finally moving,” said Jerry Stump of Wilbur Smith Associates, ACEC chair-elect and chairman of ACEC’s Aviation Subcommittee. “It is precisely the jobs agenda ACEC has been promoting for our members. Airport development fosters immediate job creation and facilitates long-term growth because air travel is so central to our economy.” Following passage, the bill now goes to negotiations with the House, which passed its own FAA reauthorization bill last year. The current extension expires March 31.

Promote Your EEA Achievements in Engineering Inc.; Save 15 Percent Maximize the benefits of winning or being a finalist in this year’s Engineering Excellence Awards (EEA) by promoting your firm’s success with an ad in the May/June issue of Engineering Inc. The EEA are the biggest, most well-known awards in the engineering industry. An Engineering Inc. ad featuring your EEA project will highlight your firm’s innovation and quality and expand your business opportunities with both clients and potential partners. With the annual EEA competition the primary focus, the May/June Engineering Inc. is the most popular issue of the year and has the highest pass-along rate. As a special incentive, EEA winners and finalists can save 15 percent on ad space in the May/June issue of Engineering Inc. Additionally, you can highlight your ad with a special winner seal to recognize your achievement. For more information and to place an ad, contact Nina Goldman at 202-347-7474 or ngoldman@acec.org.

ACEC and NSPE Announce QBS Awards Program for 2010 ACEC and NSPE are now seeking nominations for the 2010 national QBS Awards Program, which recognizes shining examples of public and private entities using the QBS selection process at the state and local levels. The deadline for nominations is Friday, April 23, 2010. Click here for the nomination form. Award winners provide examples of how well QBS works and helps ACEC and NSPE promote the process in states that don’t currently use QBS in the selection of engineering services. ACEC and NSPE present a QBS award in two categories: Non-Governmental Sector and Governmental Sector. Award recipients will receive an engraved trophy and will be honored during the NSPE Annual Meeting in Orlando, Florida, July 16, 2010. In addition, the QBS Awards program will designate up to four Merit Award winners, each of which will be presented with a plaque in a state event coordinated by the ACEC Member Organization president and the PEPP state chair.

Deadline Nears for Applying for ACEC 2010-2011 Appointed Committees ACEC members interested on serving on ACEC’s 2010-2011 Appointed National Committees must submit their applications by March 19. ACEC committee membership is open to all employees of ACEC Member Firms. ACEC has four Appointed Committees: Engineering Excellence Awards, Planning Cabinet, Bylaws & Procedures, and Tellers. To join an ACEC Appointed Committee, click here and follow the link at the bottom of that page. New committee members will be selected by the incoming ACEC chairman and the terms will begin during the 2010 Annual Convention, April 25-28. Current members of ACEC’s open committees do not need to reapply to remain on the committee. Terms extend automatically. Questions about the committee appointment process? Contact Mary Ann Emely, ACEC vice president of operations & membership at memely@acec.org, or 202-682-4300.

Learn Courtroom Skills, How to Provide Expert Witness Services Applying Expertise as an Engineering Expert Witness June 10-11, Denver, CO Adding new services that capitalize on your firm’s existing expertise is a solid business strategy, and though your key staff may well be qualified, only the court-savvy engineer should take on potentially lucrative assignments as an expert witness in legal proceedings. Applying Expertise as an Engineering Expert Witness, ACEC’s unique 1½-day course, will be presented June 10-11 in Denver, CO, to prepare participants for legal service with recognition and a Certificate of course completion. The course is designed for professional engineers, architects and surveyors interested in earning credentials for legal service engagements professionally or as an added client service. Discussion will include deposition behavior, permissible out-of-court statements, ethics, pre-courtroom testimony preparation, courtroom demeanor, how to maintain credibility, the differences between a fact witness and an expert witness, plus the agreement and compensation for taking on an assignment. Attendees completing this course who wish to further enhance their professional credentials will have taken important first steps towards applying for the professional designation of Engineer Expert Witness (EXWSM). For details and to register, click here.

NEPA Cumulative Impact Analysis: What’s Necessary, What Isn’t Writing the ‘Perfect’ NEPA Cumulative Impact Analysis April 6, 1:30-3 p.m. The single most difficult challenge for those who prepare or review environmental documents under the National Environmental Policy Act (NEPA) may well be the so-called “cumulative impact.” With a background of 32 years with USDA in Oregon and Washington, online seminar presenter Owen Schmidt will talk through and demonstrate a six-part model cumulative impact analysis that accounts for “all that science can tell us, all that the law requires, and the rules for when to cut it off safely… both the necessary, and that which can be left out to get to perfect.” Major themes include actions that must be included in the analysis, actions that may safely be left out, sorting out the connected-cumulative-similar actions problem, sorting out the direct-indirect-cumulative impacts problem, plus all of the legally recognized reasons an environmental consequence might not be reasonably foreseeable. This online seminar is a must for anyone who writes or reviews NEPA documents, or works on federal and federally funded projects that are subject to NEPA documentation. For details and to register, click here.

Catch 'Red Flags,' Hone Negotiating Skills and Achieve Best-Possible Deals Closing the Deal With A/E/C Contracts: Recognize Pitfalls, Negotiate Winners May 20-21, San Francisco Identify and demystify "red-flag contract provisions," acquire the skills and principles of toe-to-toe negotiating to maintain professional standards and protect your business. Learn the differences between custom contracts and model contracts, the pitfalls, and how to negotiate win-win agreements. Closing the Deal With A/E/C Contracts: Recognize Pitfalls, Negotiate Winners is an in-depth course designed to meet the contract needs of engineers, architects, contractors, project managers, contracting officers, specifiers, and those responsible for procuring construction or design services. Presented by a faculty of experts with years of industry experience, the course will update attendees' knowledge in critical contract areas including: Controversial contract provisions, from every angle The elements of good negotiating and errors to avoid The latest revisions to the most-used contracts Recent court rulings involving construction contracts Protecting the bottom-line: how profits can be won or lost in negotiations To view the course brochure, faculty bios and agenda, click here. For details and to register, click here.

Inside Look at Floodplain Risk MAP Changes, Impacts for A/Es Floodplain Risk Mapping—Nationwide Changes Since Katrina April 7, 1:30-3 p.m. Hurricane Katrina was a catalyst for change to the National Floodplain Insurance Program (NFIP). This online seminar examines in detail the NFIP program itself, and the effects of those changes in floodplain Risk Mapping, Assessment, and Planning (Risk MAP). Josh Smith, FEMA, and Michael E. Buckley, Dewberry, will discuss floodplain mapping since Katrina, and the impact of changes for A/Es, including: Floodplain mapping effects on A/Es through EO11988, LOMCs, NAI, post-disaster grants How did Katrina affect it? An inside look at high-level issues, including an overview of Risk MAP What might be next with Risk MAP? This online seminar provides a unique and important update on NFIP for mid-level engineers and project managers. For details and to register, click here.

Economic Loss Doctrine Varies from State to State; Learn the Differences Understanding the Economic Loss Doctrine, Las Vegas and Beyond March 23, 1:30-3 p.m. The Economic Loss Doctrine continues to evolve from its simple beginnings to a nuanced doctrine that varies from state to state. For design professionals—particularly those practicing across state lines—understanding this complexity is a key component of effective risk management. Join Richard H. Nakamura and Nick Wieczorek of Morris, Polich & Purdy LLP, for a talk-through of key developments since 2009, with an emphasis on how courts in different jurisdictions apply the Economic Loss Doctrine in legal disputes involving design professionals. For details and to register, click here.

All Limitation of Liability Clauses are 'Not Created Equal' Update on Limitation of Liability Clauses in Design Professional Agreements March 24, 1:30-3 p.m. Which form contracts provide the best liability protection and which may need to be modified to add appropriate risk allocation language? While many standard agreements contain Limitation of Liability clauses, some do not. Beth M. Andrus of Skellenger Bender, P.S., discusses and updates the 2010 Limitation of Liability (LOL) legal landscape, including recent case decisions regarding enforceability as courts nationwide have evaluated their validity. This timely seminar will explore different approaches in drafting “the best” limitation of liability clauses. For details and to register, click here.

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The American Council of Engineering Companies 1015 15th St., NW, 8th Floor, Washington, DC 20005-2605 Phone: 202-347-7474 - Fax: 202-898-0068 www.acec.org - E-mail:acec@acec.org Alan D. Crockett, Director, PR • Gerry Donohue, Editor/Designer