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Liability of Engineers

Course Summary

This course will provide a basic understanding of construction contracts and construction contract law including responsibility and liabilities of engineers owners and contractors, ways to avoid and minimize problem situations on construction projects, and how to effectively resolve disputes, that inevitably arise. The seminar will be presented in an informal, interactive style, using real life examples.


Instructor

Peter Liloia, III
Mr. Liloia holds a civil engineering degree from Princeton University and a law degree from Boston University. He has twenty years experience in heavy, highway, and building construction, in both the public and private sectors. He heads his own firm engaged exclusively in construction and engineering contract law, claims, ADR training, mediation and arbitration.

Mr. Liloia was formerly general counsel of a top-50 contractor responsible for the above areas, and senior engineer for a major utility company where his charge included settlement of contract and claim matters on a $4 billion power plant under construction. He is an arbitrator and mediator on the American Arbitration Association's National Construction Industry Panel where he has served on hundreds of construction cases.

Mr. Liloia teaches seminars and provides training workshops on contract, claim, and ADR related subjects. He is also an Adjunct Professor, in the Graduate School of Construction Management at Stevens Institute of Technology in Hoboken, NJ, where he teaches courses in Construction Claims and Dispute Resolution.

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Course Description

This course will provide a basic understanding of construction contracts and construction contract law including responsibility and liabilities of engineers owners and contractors, ways to avoid and minimize problem situations on construction projects, and how to effectively resolve disputes, that inevitably arise. The seminar will be presented in an informal, interactive style, using real life examples. Participants will be given practical, hands-on advice and guidance concerning the following topics:

  • Engineer's Warranty to Contractor Re: Adequacy of Design
  • Liability of Engineers for design, Safety, and Job Site Inspection
  • Effect of Incomplete, Ambiguous, or Incorrect Design Documents
  • Typical Contract Terms: Meaning and Ramifications
  • How Fair Contracts Work for You/How Harsh Contracts Hurt You
  • Differing Site Conditions/Superior Knowledge Doctrine
  • Documentation and Why It's Critical
  • Dispute Resolution Options and their benefit over litigation

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Who Should Attend?

  • Field Engineers and Superintendents
  • Project Managers and Project Engineer
  • Construction Managers
  • Government Agencies and Public Owners
  • Private Owners and Developers
  • Contractors and Subcontractors
  • Attorneys
  • Architects

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Seminar Benefits

  • Understand the responsibilities and liabilities of engineers, owners and contractors
  • Eliminate problems up front by using the right language and procedures in the contract and specifications
  • Learn how to properly document the job and why this is crucial
  • Learn about negotiation, mediation and arbitration, and why they are good alternatives to court
  • Discover what preemptive actions should be taken to reduce and eliminate liability issues and avoid problems down the road

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Summary Outline

  • Engineer’s Warranty To Contractor Re: Adequacy of Design
  • Liability of Engineer:
    • design
    • inspection & contract administration
    • safety/means & methods
    • shop drawing approval
    • actions A/E’s can take to minimize exposure
  • Effect of incomplete, Ambiguous Or Incorrect Design Documents
    • impact on project and to contractor
    • consequences to A/E
    • ways to reduce
  • Typical Construction Contract Terms: Meaning & Ramifications
  • How Fair Contracts Work For You/How Harsh Contracts Can Hurt You
    • site investigation/subsurface conditions
    • no damage for delay
    • indemnification
    • notice of claim/claim procedures
    • responsibility for design problems
  • Differing Site Conditions/Superior Knowledge Doctrine
    • definition
    • purpose and effect
    • recommendations on contract and specification drafting
    • notice and claim requirements
    • change order for equitable adjustment
    • geotechnical design reports
    • ways to minimize claims
  • Documentation And Why it’s Critical
    • characteristics of good documentation
    • methods for documenting the job
    • how does keeping good documentation help?
  • Dispute Resolution Options And Their Benefits Over Litigation
    • negotiation settlement
    • mediation
    • arbitration
    • dispute review board
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Attendees’ Comments

“The seminar was well worth the time, incredibly informative lecture tailored for engineers. A ‘must attend’ lecture guaranteed to save headache & hardship down the roads.”
-Andrew Malek, AKRP Engineering, New York, NY

“This course is extremely helpful for both owners and managers who write and execute contracts in order to better understand them and act fairly with other businesses.”
-Karl A. Freeman, O’Connor Freeman Associates, Inc., Sacramento, CA

“The course was a good overview and reminder that we must be careful about out duties, documentation, and what to expect when conflict arises.”
-Charles C. Hoover, Alpine Engineered Products, Inc., Hanes City, FL

“It was a very good and informative seminar and helpful to design professionals, contractors and construction industry. The mediation and arbitration process explanation provided valuable insight into construction contract law.”
-Archimedes Carreon, Pinal County Dept. of Public Works, Florence, AZ

“Well presented real world examples that will help me write better contracts and minimize claims. The seminar very effectively brought out the distinction between types of dispute resolutions.”
-Gary Rice, Chelan County Public Works Utility District, Wenatchee, WA

“This is one of the best seminars I have ever attended. Subject was exceptionally well presented.”
-Charles Faris, President, Faris Associates, Inc.

"The course was a good overview and reminder that we must be careful about our duties, documentation, and what to expect when conflict arises."
-Charles C. Hoover, Alpine Engineered Products, Inc., Hanes City, FL

"The instructor had a thorough knowledge of the subject and presented real life examples."
-Patrick Mudd, Day Tech. Engineering, California, MD

"It was a very good and informative seminar and very helpful to design professionals, contractors and construction industry. Mediation and arbitration process explained provided very valuable insight into construction contract law."
-Archimedes Carreon, Pinal County Dept. of Public Works, Florence, AZ

"Good general overview of construction law. The arbitration and mediation discussion was the most valuable aspect of this seminar."
-Thomas Carley, US Filter, Sarasota, FL

"Well presented real world examples that will help me write better contracts and minimize claims. The seminar very effectively brought out the distinction between types of dispute resolutions."
-Gary Rice, Chelan County Public Works Utility District, Wenatchee, WA

"This is one of the best seminars that I have attended. Subject was exceptionally well presented."
-Charles Faris, President, Faris Associates, Inc.

"This was a very instructive seminar. I should have had this early in my career, would highly recommend to engineers in training."
-Ronald B. Byrd, Senior Consultant, Stantec Consulting Inc., Reno, Nevada

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