Preliminary Design Phase
Basis services should not commence until the owner has given specific written authorization for the engineer to proceed. This is a good practice to follow and will avoid rendering services before the owner is prepared to pay for them. Preliminary design phase services should not commence until a recommended solution for the owner's requirements has been agreed to, thus defining the requirements for the project. Generally the preliminary design documents consist of final design criteria, preliminary drawings, outline specifications and written descriptions. Because of progress with the design, it should permit a more careful analysis of cost factors and a revised opinion of probable constructions cost.

Progress and Quality of the Work
The assurances the engineer is able to give the owner as to the progress and quality of the work are directly related to the amount of time the owner has employed the engineer to devote to such things. That is why many contracts contain the language "Based on information obtained during such visits". The more frequent the visits and the greater the degree of observation, the higher will be the engineer's responsibility and the greater the assurance the owner may expect. However, no matter how much time the engineer devotes to such visits, the assurances given do not rise to the level of a guarantee.

A Gathering of Eagles
Want to meet the elite of your profession? Most of them will be at the CASE RMP Convocation in San Francisco on October 19-20. Dinner speaker will be Allyn Kilsheimer, P.E., first structural engineer on the scene after the 9/11 plane crash into the Pentagon and chief structural on the design of the repair. He will tell you what he saw and how one year later you could never tell it had been hit. It is a fascinating study in how to avoid the bureaucracy. In addition there is a day and a half of great programs featuring many of the "captains of the industry." To see the full program and/or to register go to www.acec.org/case.

Explaining Technical Issues to Courts
It is generally true that courts do not understand the technical issues involved in design and construction or the complex relationships that exist between the parties. Each case that goes to trial will involve a lot of testimony to educate and explain technical issues to those who have to decide it. There is not enough law to establish a precise list of what must and may not be done on a project. Each case will depend on its own facts. Courts will look skeptically at any attempt through contract language to reduce the responsibility of the design professional below what is required for the protection of the public or accepted professional standards.

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