Consulting-Specifying Engineer - October 2007 - (Page 57) Part of a -part series Shackled by liability to third parties BY KENNETH M. ELOVITZ, PE, ESQ. In-house counsel, Energy Economics, Inc., Foxboro, Mass. n the first part of this article (CSE, 09/07, page 38), I discussed that most claims against engineers come from project owners, but as many as a third come from non-clients—individuals and entities who do not have a contract with the engineer. Part 1 left off with discussion of a Louisiana case, Day v. National U.S. Radiator Corporation, where a court of appeals found an architect negligent in approving a plumbing subcontractor’s shop drawings that were missing a pressure relief valve on a domestic hot water system, and that their negligence was a proximate cause of an explosion. The Supreme Court of Louisiana eventually reversed the case. It found that the architect was not liable to the plaintiff for the explosion. The Supreme Court acknowledged that the architect’s contract I required the architect to provide “adequate supervision of the execution of the work to reasonably insure strict conformity with the working drawings, specifications and other contract documents.” However, the Court explained that “the primary object of this provision was to impose the duty or obligation on the architects to insure to the owner that before final acceptance of the work the building would be completed in accordance with the plans and specifications.” The architect was not responsible for the contractor’s method of doing the work so was not liable for the contractor’s failure to install a pressure relief valve before lighting off the boiler. The court also explained that “the architects’ approval of the [submittal] was only an approval for [the subcontractor] to place the order with [the supplier] for the purchase A C E F H L P Consulting-Specifying Engineer • OCTOBER, 2007 57
Table of Contents Feed for the Digital Edition of Consulting-Specifying Engineer - October 2007 Consulting-Specifying Engineer - October 2007 Contents On the Web In the News M/E Roundtable How To Beat the Energy Codes Professional Practices Codes & Standards A Capital Job on Engineered Buiding Systems Going Green in Data Centers Overcurrent Protection: Fuses or Breakers? Third-Party Liability Management Report New Products Product Spotlight Jobs/Classifieds Specifier's Notebook Consulting-Specifying Engineer - October 2007 Consulting-Specifying Engineer - October 2007 - Consulting-Specifying Engineer - October 2007 (Page Cover1) Consulting-Specifying Engineer - October 2007 - Consulting-Specifying Engineer - October 2007 (Page Cover2) Consulting-Specifying Engineer - October 2007 - Consulting-Specifying Engineer - October 2007 (Page 1) Consulting-Specifying Engineer - October 2007 - Consulting-Specifying Engineer - October 2007 (Page 2) Consulting-Specifying Engineer - October 2007 - Contents (Page 3) Consulting-Specifying Engineer - October 2007 - Contents (Page 4) Consulting-Specifying Engineer - October 2007 - Contents (Page 5) Consulting-Specifying Engineer - October 2007 - Contents (Page 6) Consulting-Specifying Engineer - October 2007 - Contents (Page 7) Consulting-Specifying Engineer - October 2007 - Contents (Page 8) Consulting-Specifying Engineer - October 2007 - Contents (Page 9) Consulting-Specifying Engineer - October 2007 - Contents (Page 10) Consulting-Specifying Engineer - October 2007 - On the Web (Page 11) Consulting-Specifying Engineer - October 2007 - On the Web (Page 12) Consulting-Specifying Engineer - October 2007 - In the News (Page 13) Consulting-Specifying Engineer - October 2007 - In the News (Page 14) Consulting-Specifying Engineer - October 2007 - In the News (Page 15) Consulting-Specifying Engineer - October 2007 - In the News (Page 16) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 17) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 18) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 19) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 20) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 21) Consulting-Specifying Engineer - October 2007 - M/E Roundtable (Page 22) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 23) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 24) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 25) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 26) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 27) Consulting-Specifying Engineer - October 2007 - How To Beat the Energy Codes (Page 28) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 29) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 30) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 31) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 32) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 33) Consulting-Specifying Engineer - October 2007 - Professional Practices (Page 34) Consulting-Specifying Engineer - October 2007 - Codes & Standards (Page 35) Consulting-Specifying Engineer - October 2007 - Codes & Standards (Page 36) Consulting-Specifying Engineer - October 2007 - Codes & Standards (Page 37) Consulting-Specifying Engineer - October 2007 - A Capital Job on Engineered Buiding Systems (Page 38) Consulting-Specifying Engineer - October 2007 - A Capital Job on Engineered Buiding Systems (Page 39) Consulting-Specifying Engineer - October 2007 - A Capital Job on Engineered Buiding Systems (Page 40) Consulting-Specifying Engineer - October 2007 - A Capital Job on Engineered Buiding Systems (Page 41) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 42) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 43) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 44) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 45) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 46) Consulting-Specifying Engineer - October 2007 - Going Green in Data Centers (Page 47) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 48) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 49) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 50) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 51) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 52) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 53) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 54) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 55) Consulting-Specifying Engineer - October 2007 - Overcurrent Protection: Fuses or Breakers? (Page 56) Consulting-Specifying Engineer - October 2007 - Third-Party Liability (Page 57) Consulting-Specifying Engineer - October 2007 - Third-Party Liability (Page 58) Consulting-Specifying Engineer - October 2007 - Third-Party Liability (Page 59) Consulting-Specifying Engineer - October 2007 - Management Report (Page 60) Consulting-Specifying Engineer - October 2007 - Management Report (Page 61) Consulting-Specifying Engineer - October 2007 - Management Report (Page 62) Consulting-Specifying Engineer - October 2007 - New Products (Page 63) Consulting-Specifying Engineer - October 2007 - New Products (Page 64) Consulting-Specifying Engineer - October 2007 - Product Spotlight (Page 65) Consulting-Specifying Engineer - October 2007 - Product Spotlight (Page 66) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 67) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 68) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 69) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 70) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 71) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 72) Consulting-Specifying Engineer - October 2007 - Jobs/Classifieds (Page 73) Consulting-Specifying Engineer - October 2007 - Specifier's Notebook (Page 74) Consulting-Specifying Engineer - October 2007 - Specifier's Notebook (Page Cover3) Consulting-Specifying Engineer - October 2007 - Specifier's Notebook (Page Cover4)
For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.