Jarlstrom v. Oregon Board of Examiners for Engineering and Land Surveying Board, by Arthur Schwartz

An Oregon man who was investigated and fined by a state board for unlicensed practice of engineering has filed a lawsuit in federal court alleging the state’s definition of an engineer violates the First Amendment. Mats Jarlstrom, 56, was fined $500 after identifying himself as an engineer in emails he sent to Beaverton officials challenging […]

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Balfour Beatty Infrastructure, Inc. v. Rummel, Klepper & Kahl, LLP, by Arthur Schwartz

In Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, the Maryland Court of Appeals confirmed that the Economic Loss Rule is alive and well in Maryland. NSPE and other design professional organizations filed a “friend of the court” brief in support of the rule. Generally, the Economic Loss Rule prevents parties from asserting […]

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EJCDC’s Sponsoring Organization, NSPE, Implores ABET to Emphasize Licensure’s Role in Engineering Curriculum, by Arthur Schwartz

As engineering education accreditors work out the details of how best to prepare students for a changing profession, NSPE is strongly advocating for a place in the curriculum for teaching the value of engineering licensure. Accreditation organization ABET is revising its criteria for student outcomes and the engineering curriculum, and in January, NSPE urged ABET’s […]

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EJCDC’s Supporting Organization sends Letter to U.S. Office of Personnel Management on Professional Engineering, by Arthur Schwartz

In a May 9, 2017, letter, EJCDC’s sponsoring organization, NSPE, urged the department to revise its individual occupational requirements for all “Professional Engineering Positions, 0800.” OPM’s use of the term “professional engineering” to define positions that are not professional engineering positions creates substantial confusion about job scope and responsibilities. NSPE, therefore, urges OPM to stop […]

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EJCDC’s Supporting Organization Resist Inflammatory Occupational Licensure Bill, by Arthur Schwartz

EJCDC’s sponsoring organization, NSPE, and the Nevada Society of Professional Engineers beat back legislation (A.B. 353) that would erode occupational licensure in the state. In an April 11, 2017 letter to the Nevada Assembly Committee on Commerce and Labor, NSPE President Kodi Jean Verhalen, P.E., Esq., F.NSPE, and NSPE-NV President Craig Sisco, P.E., emphasized the […]

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Issue: Is a contractor’s deliberate decision to install flooring, despite knowing that the underlying slab was still emitting a high level of moisture, an “occurrence” that is covered under a commercial general liability insurance policy? Navigators Specialty Insurance Company v. Moorefield Construction, Inc. Court of Appeal of California, Fourth Appellate District (2016), by Hugh Anderson

Summary: Construction of a Best Buy store in Visalia, California. Based on test results, the contractor, Moorefield, knew that the concrete floor was emitting high amounts of moisture at the time that vinyl and carpet floor tiles were ready to be installed. The specifications did not allow such installation to occur until the moisture levels […]

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Issue: Contractual allocation of risk regarding underground facilities. J.F. Allen Corporation v. Sanitary Board of City of Charleston, West Virginia. Supreme Court of Appeals of West Virginia (2016), by Hugh Anderson

Summary: $5 million municipal sewer project. J.F. Allen, the contractor, brought a breach of contract claim against the owner, alleging that during construction the contractor encountered 122 unmarked or mismarked underground  utilities, resulting in delay and additional costs, and also contending that the owner allowed other contractors to conduct work that interfered with Allen’s work. […]

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Issue: Contractor’s obligation to comply with recommendations in a geotechnical report, and entitlement to rely on a change order issued in response to a request for clarification. Maines Paper & Food Service, Inc. v. The Pike Co., Inc. Appellate Division, Third Department, New York (2016), by Hugh Anderson

Summary: The contractor, The Pike Co., constructed a supermarket in Ithaca, New York. After completion the floor of the new building settled substantially. The owner, Maines, sued the contractor for breach of contract and breach of warranty. The owner had provided a copy of the geotechnical report for the project to the contractor. The report […]

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Issue: Enforceability of liquidated damages of $700/day. Boone Coleman Construction, Inc., v. Village of Piketon, Ohio. Supreme Court of Ohio (2016), by Hugh Anderson

Summary: The EJCDC case summary of February 2015 reviewed the Ohio Court of Appeals decision in this case, noting that the case had been appealed to the Ohio Supreme Court. The 2016 decision of the Ohio Supreme Court reverses the Court of Appeals decision. The case arises from a modest public works project for construction […]

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