1 Structural Precast Scope of Practices www concretepipe

1 Structural Precast: Scope of Practices www. concretepipe. org Corey L Haeder, PE ACPA Pipe School 2017

2 Who are you? • Design Engineers? • Sales? • Customer Coordinator? • Management? • Production? • Accounting? • Industry Association? • DOT / Govt / Consultant? www. concrete-pipe. org

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4 Outline • Licensure Defined • Engineering Liability • Precast Engineer – Limit of Scope • Examples www. concretepipe. org

5 Licensure Defined (Wikipedia) • Regulation and licensure in engineering is established by various jurisdictions of the world to encourage public welfare, safety, well-being and other interests of the general public, and to define the licensure process through which an engineer becomes authorized to practice engineering and/or provide engineering professional services to the public. www. concrete-pipe. org

6 Individual vs. Business License • Individual • • • Graduate of ABET accredited program Pass FE Exam (EIT) Experience (typically 4 years) Pass PE Exam Comity Risk losing license & civil penalties www. concrete-pipe. org

7 Individual vs. Business License • Business • • Complete Application Proof of Entity Existence (Corp, LLC) Establish Principal Officer (PE) State Specific (no comity) • Not typical for precasters • Risk losing license & civil penalties www. concrete-pipe. org

8 License lets you. . . • Individuals • Seal Engineering Documents • Serve as Expert Witness • Use the title “Engineer” • Employee design of precast products • Business • Sell engineering services (plans / specs) • Not what precasters do www. concrete-pipe. org

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10 Engineers take this seriously. . . www. concrete-pipe. org

11 Order of the Engineer • Similar to Hippocratic Oath • Written by Rudyard Kipling in 1922 • Remind engineers of tragic consequences surrounding a bridge collapse in Quebec in 1907 that killed over 70 workers • Iron Ring a constant reminder www. concrete-pipe. org

12 Order of the Engineer - Creed • I am an Engineer. In my profession I take deep pride. To it, I owe solemn obligations. • Since the Stone Age, human progress has been spurred by the engineering genius. Engineers have made usable nature’s vast resources of material and energy for Humanity’s benefit. Engineers have vitalized and turned to practical use the principles of science and the means of technology. Were it not for this heritage of accumulated experience, my efforts would be feeble. www. concrete-pipe. org

13 Order of the Engineer - Creed • As an Engineer, I pledge to practice integrity and fair dealing, tolerance and respect, and to uphold devotion to the standards and the dignity of my profession, conscious always that my skill carries with it the obligation to serve humanity by making the best use of Earth’s precious wealth. • As an Engineer, in humility and with the need for Divine guidance, I shall participate in none but honest enterprises. When needed, my skill and knowledge shall be given without reservation for the public good. In the performance of duty and in fidelity to my profession, I shall give the utmost. www. concrete-pipe. org

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15 LAW - Engineering Liability • Statutes of Repose • Sole Source Workers’ Compensation • Certificate of Merit • Joint & Several Liability • Anti-Indemnity & Limitation of Liability • State-By-State Summary of Liability Laws Affecting the Practice of Engineering, NSPE Professional Liability Committee, 2015 www. concretepipe. org

16 Statutes of Repose • 1957 Inman v. Binghampton Housing Authority – NY Appeals Court • Design professional liable to parties not under direct contract (privity) • State Legislatures stepped in with Statutes of Repose • Bar actions against Designers after a period of time (no stale claims) www. concretepipe. org

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18 Sole Source Workers’ Comp • Early 1900’s – increase in industrial accidents • Employees cannot sue employer for damages – Single Remedy • Employer responsible for disability • Does not prohibit third party suits • Some states extend immunity to design professions involved on multiple party projects www. concretepipe. org

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20 Certificate of Merit Statutes • Designers have Malpractice Ins. • Targets of “groundless” claims • Cost / tarnished reputation • States adopt laws to require third party review of facts • File “Certificate of Merit” from third party illustrating reasonable cause www. concretepipe. org

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22 Joint & Several Liability • Fault is based on negligent action • Each party responsible for damages • Difficult to determine exact responsibility in a case • Plaintiff can sue one or all parties for some or all of the damages. • Defendant may have to collect damages from non-named parties. • Can be trumped by Bankruptcy www. concretepipe. org

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24 Anti-Indemnity / Limitation of Liability • Engineer receives relatively small fee • Owner receives large benefit • Overall Liability not be equitable • Contract establishes limit to liability in line with fees • Not a guarantee • Conflicts with state statutes • Lack of notice to the owner • Public Policy • All States except DC & West Virginia www. concretepipe. org

25 Nap time is over. . • So, what does this mean for precast engineers? www. concrete-pipe. org

26 Precast Engineer Limit of Scope • Revisit Individual vs. Business • Industrial Exemption • Examples www. concretepipe. org

27 Consider the End Product. . . • Precaster • Pipe • Box Culvert • Bridge Beam • Manhole • Inlet • Built by Precaster • Hauled on a Truck www. concrete-pipe. org • Consultant § § § § Drainage Plans Bridge Plans Grading Plans Paper Plans Project Specs Built by a Contractor Trucks drive on it. . .

28 Precast Engineer – the individual • Application of engineering principles to design a physical product to be built by the precaster • Concrete strength • Steel area • Physical dimensions • Means of handling • Design is part of the end product www. concrete-pipe. org

29 Consulting Engineer – the business • Application of engineering principles to prepare a project plan to be built by others • Combination of disciplines • Contract Plans and Specifications • Serve as Engineer of Record • Design itself is an end product www. concrete-pipe. org

30 Industrial Exemption • Allowing unregistered, unlicensed individuals to perform design functions requiring engineering expertise and technical training. • Employees of various industries or government agencies (NASA) • Unregulated because of interstate commerce (utilities / auto makers) • “Don’t need an engineer because it isn’t rocket science, right? ” www. concrete-pipe. org

31 NASA – Columbia Shuttle Disaster • Insulation failure at launch • Noticed by staff engineers • Mission control notified • Continued urging by staff ignored • Shuttle cleared for landing by non-engineers • Shuttle disintegrated during landing www. concrete-pipe. org

32 NASA – Challenger Shuttle Disaster • Temperature below limits prior to launch • Noticed by flight engineering staff • Management chose to ignore warning • Explosion after launch www. concrete-pipe. org

33 Industrial Exemption • Since these were not “public” services, registered engineers were not required • Precast engineers provide structures for public use – so are not covered by the Industrial Exemption • Engineering License is required to design the public structural commodity www. concrete-pipe. org

34 Precast Engineer Limit to Scope • Simple – Whatever you can put on the truck • 48” CL 5 x 8’-0” – yep • 100’ AASHTO Type III Beam – sure • 14’ x 6’ Box Culvert – OK • As long as you have appropriate training and experience. • Know your limits www. concretepipe. org

35 Precast Engineer Limit to Scope • Cast in place outlet structure? • Hydraulic sizing of a pipe? • Bedding for RCP? • Foundation for an arch top culvert? www. concretepipe. org

36 Example #1 www. concrete-pipe. org

37 Example #1 www. concrete-pipe. org

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41 Example #2 www. concrete-pipe. org

42 Liability Quiz - Precast www. concrete-pipe. org

43 Liability Quiz - Precast • Repose, Work Comp, Merit, Joint, Limit Liability • 10’ x 5’ Vault – 32 ton piece wt • 4 lifting devices used 8 ton cap • Who determines this is right? • What if it fails? • WC, M, J www. concrete-pipe. org

44 Liability Quiz - Precast • Repose, Work Comp, Merit, Joint, Limit Liability • • Same Example Shop Plan “ 4 -way Equalized Pick” Contractor just uses slings – fails WC, M, J www. concrete-pipe. org

45 Liability Quiz - Precast • Repose, Work Comp, Merit, Joint, Limit Liability • Pipe Failure – Wrong Class (design) • R, M, J, LL • Pipe – Poor Bedding (install) • R, M, J, LL • Roadway failure (pipe washout) • R, M, J • Sanitary Sewer Failure (H 2 S) • R, M, J, LL www. concrete-pipe. org

46 Licensure Quiz - Precast • By Precast PE – Yes or No? • Lifting Device Sizing • Pipe Class Determination • Gasket Joint Design • RCP Jacking Pipe • Box Culvert Reinforcing Design • RCP Bedding Design www. concrete-pipe. org

47 Recap • Licensure Defined • Engineering Liability • Precast Engineer – Limit of Scope • Examples www. concretepipe. org

48 Questions?