Spotlight

The Twisting Regent Emirates Pearl Hotel

By Ahmed Osman, P.E., M.Eng and Whitney Morris, LEED AP

UAE DeSimone Consulting Engineers was an Outstanding Award Winner for the Regent Emirate Pearl Hotel project in the 2012 NCSEA Annual Excellence in Structural Engineering awards program (Category – International Structures over $100M).

The iconic Regent Emirates Pearl development will rise and twist 255 meters (840 feet) above its calm turquoise ocean front, claiming its spot in the Abu Dhabi skyline. The mixed-use AED 1.0B ($287M) complex is located amidst palaces and high profile skyscrapers on the Corniche Street of Abu Dhabi in the United Arab Emirates. The vast plot area of 13,600 square meters (146,500 square feet) provides top rate views of Capital City, private islands and yachts along with the luxurious Emirates Palace. The Pearl’s signature feature is the 45-story twisting elliptical floor plan, and columns which contains 60 luxury serviced apartments occupying levels 1 thru 10 and a 5-star hotel with 437 keys including presidential and royal suites occupying levels 11 thru Roof. The expansive podium area includes five levels of restaurants, retail areas, spas, swimming pools, a gym and more, with another 5 levels of underground parking. The total project build up area includes 55 stories and 130,600 square meters (1.4 million square feet). The main structural challenge was to appropriately model, analyze and design the complicated twisting shape of the tower. The perimeter tower columns are inclined 7 degrees vertically and “shift” 48 centimeters (19 inches) each level in the circumferential direction, with a total of 21.60 meters (70.8 feet) from bottom to top. In plan, each floor rotates 0.56 degrees each level with a total of 25 degrees of total rotation from Level 1 to the Roof. The sloping columns cause the building to rotate at each level, therefore inducing a torsional force in the elliptical concrete core wall, with the force accumulating over the height of the building. DeSimone carefully studied and analyzed the effects of the torsional force, and formulated a structurally innovative solution to relieve the torsion from the core. The perimeter tower columns were strategically located to transfer at Level 27 and Level 1 in order the help relieve the torsion from the core. The inclined concrete tower column transfers were designed to reverse the twist by transferring the column gravity loading directly into the core wall in the opposite direction of the torsional force, and therefore reversing the force in the core wall. The tower columns and transfers played a two part structural role in the stability of the building. The first role, as described above, is to help alleviate the twist on the core wall; the second is to act as part of the lateral force resisting system as an outrigger to help the core wall resist the lateral loads. The perimeter tower columns range from 400 x 1600 millimeters (16 x 63 inches) at the top to 600 x 1600 millimeters (24 x 63 inches) at Level 1. From Podium Roof to the raft, the tower columns transfer to 1325-millimeter (53-inch) diameter, circular. The structural gravity framing system of the typical tower floors is composed of Post Tensioned slabs supported by concrete perimeter columns and a central elliptical core wall. The 27 centimeter (10.5 inch) PT-concrete C50 (7,200 psi) flat plate slabs span more than 10.5 meters (35.0 feet) from the core wall to the perimeter tower columns. The flat plate design reduced the construction time significantly. This structural system concentrated the gravity loads into the core wall, to help reduce the reinforcing of the core wall due to wind and seismic forces. Also, this system helps minimize the load to the 16 perimeter tower columns that transfers at Level 1 to 1325-millimeter (53-inch) diameter, circular. Since the slab and core wall are elliptical in plan, a slip form was key to the success of the speed of construction and the project as a whole. This factor, and many other strategic components, helped with the delivery of the project below budget and construction schedule. The Podium Levels consists of a cast-in-place concrete slab and beam gravity system. The Architect’s façade requirements at the Lobby Level prevented the Podium Level North and South perimeter columns to continue past Podium 1. In order to facilitate the Architect’s needs, another unique and innovative structural solution was provided. Steel hangers from Podium 1 to 3 were designed and installed as an attractive structural solution. The hangers are supported by a deep Post Tension beam at the Podium Roof where clear height was not a major issue. The project also has 5 underground parking levels to accommodate the 679 parking spaces required by Abu Dhabi’s DOT. The 20.0-meter (66-foot) deep excavation was unearthed and sealed off using a temporary reinforced concrete diaphragm wall with tie-backs. Since Abu Dhabi is an island with the average water level at ground level, excavating that deep below the surface creates extremely high hydrostatic forces. The diaphragm system provided a water-free environment to apply extensive water proofing and to build the permanent foundation walls. The foundations walls have an average thickness of 375 millimeters (15 inches) and were designed to resist soil and tremendous water pressure.▪ Ahmed Osman, P.E., M.Eng, is a Managing Principal with DeSimone Consulting Engineers, Abu Dhabi, UAE. Whitney Morris, LEED AP, has been working for DeSimone for the past 6 years in both the San Francisco and Abu Dhabi offices. Last year Whitney was awarded the Young Engineer of the Year for 2012 from Big Project-Middle East.

ASSOC I A T I O N S NATIONAL COUNCI L

Celebrating years 1993-2013

NCSEA News

Barry Arnold’s presentation at the Ohio SEA (SEAoO) Annual Conference, Ethics: A Practical Guide for the Practicing Engineer, reminded us that a profession carries several distinguishing characteristics and it is more than an occupation. Although there is some variation in the exact definitions, most generally agree a profession’s characteristics include the following: • A core body of knowledge; • Academic programs which teach the body of knowledge; • Practitioners with autonomy in the application of the body of knowledge; • Ethical rules of conduct that constrain practitioners; and • Licensing laws or rules limiting who may practice. Structural engineering meets the first four of these criteria and, with licensing of engineers, it partially meets the last. Divinity, law and medicine represent the earliest professions. Pharmacy, accounting, teaching, engineering and others entered the professional ranks over time. Establishment of structural licensure in all jurisdictions would provide structural engineering with official stature due to both the public and its practitioners. A typical structural engineer invests many years in training and education. Frequently, this starts before college with advanced high school classes as preparation for the rigors of university. Exams are commonly used to establish whether a student meets the necessary standards to begin college. The rigors of college entrance are evidence of the body of knowledge. The study of engineering at the college level presents prospective engineers with a challenging curriculum. It includes the core arts, as well as history and communication courses which all students tackle, and adds intensive mathematics and science courses. College’s structured environment provides the framework to teach how basic problems are solved with the application of scientific principles. All of a student’s earlier coursework culminates in the last academic semesters, which focus efforts into a specialized field of engineering. These focused courses are where structural engineers learn the principles of analysis, building materials and building systems from the building blocks of earlier work. University engineering programs convey the profession’s core body of knowledge. Several engineering societies recognized the significance of the college curriculum and founded what is now the Accreditation Board for Engineering and Technology (ABET) to help ensure the quality of the programs. This body accredits college engineering programs. ABET accreditation is widely recognized as the standard necessary to establish an academic program’s qualification and provides verification of the institution’s qualification to convey the material. The wide array of problems faced by structural engineers makes predefined solutions impractical, and it fosters the growth of new technologies and innovations of existing methods. A direct result of the wide array of possible solutions is that a large degree of autonomy is necessary to serve our clients. Upon entering the workforce, engineers learn various methods of applying the core body of knowledge under the guidance of more seasoned professionals. This guidance provides training in the application of knowledge and develops the independent thought process crucial to successfully using the autonomy available to engineers. Structural engineers use this autonomy regularly. An engineer might decide whether a building should be built from concrete masonry block or framed by cold formed steel, whether a It is clear that engineering meets the criteria of a profession. Establishment of structural licensure would provide the last step for structural engineering to take its place among the great professions of our society.

concrete frame or structural steel frame is more economical or, on a smaller scale, whether to use 10 penny or 8 penny nails in a joint. Independence in the application of engineering principles is evident in daily activities and necessary to effectively address the various factors influencing design. Our codes and standards are rarely so prescriptive that the engineer has no options. Engineering autonomy is balanced by ethical obligations. The special knowledge held by engineers, combined with a wide degree of freedom in how it is applied, give structural engineers a great responsibility. In Ohio, and most jurisdictions, engineers are bound by the state’s rules of ethical conduct. Further, members of societies such as ASCE or NSPE have ethical codes of conduct. These ethical frameworks have common features: to consider public safety as the highest priority, to be truthful, to perform only in areas of expertise, to be faithful agents for clients and to continue development throughout our career. Structural engineers face these ethical obligations daily. Without a second thought, thousands of people regularly depend on the fact that a structural engineer’s work will perform, that the bridge will carry them home to their family, that their office will be there to host a critical sales meeting, that the high school stadium bleachers will let them cheer on their children, and much more. Structural engineers truly have to have high ethical standards. Each jurisdiction’s regulatory body limits who may practice engineering through a rigorous licensing process. The process includes consideration of education, training, experience, referrals and no less than two examinations. Ohio, like many other jurisdictions, offers examinations in 24 disciplines or variations of engineering discipline. Structural disciplines are considered in two distinct exams: the single day CivilStructural exam and the 16 hour Structural exam. SEAoO joins ASCE-SEI, NCSEA, SECB and CASE in advocating the establishment of structural licensure. Timothy M. Gilbert, P.E., S.E., SECB (TGIlbert.PE@gmail.com) is a Principal Quality Engineer with Louis Perry & Associates, Inc. in Wadsworth, Ohio. He is also a Director and Licensure Committee chair for the Structural Engineers Association of Ohio (SEAoO). This article was previously published in the March 2013 issue of the SEAoO newsletter.

In Memoriam: Sue Frey

NCSEA mourns the passing of Sue Frey, P.E., S.E., principal structural engineer, CH2M HILL, and adjunct professor/ instructor at Oregon State University. Sue was an active member of NCSEA and SEAO, and served on NCSEA’s Licensing and Continuing Education Committees. She was also an instructor for the SE Review Course, and a past presenter of NCSEA webinars and NCSEA Annual Conferences. She will be sorely missed.

Technical and management sessions on structural engineering:

• Keynote: The Philosophy of Design: The Structural

Engineer’s Role in Creating New Architecture by Bill

Baker, P.E., SECB, F.ASCE, FIStructE, Structural &

Civil Engineering Partner, Skidmore, Owings & Merrill • Serviceability presentation based on NCSEA publication Guide to the Design for Serviceability: In

Accordance with IBC 2012 and ASCE/SEI 7-10 by author Kurt Swensson, Ph.D., P.E., LEED®AP, Principal,

KSI Engineers • ACI 550 session by Harry Gleisch, Vice President of

Engineering, Metromont Corporation, and Chairman of

Joint ACI-ASCE 550, Precast Concrete Structures • Connections: The Last Bastion of Rational Design by

Bill Thornton, Corporate Consultant, Cives Corporation

• ASCE 41 session • Practical Design of Complex Stability Bracing

Configurations by Donald White, Ph.D., School of

Civil and Environmental Engineering, Georgia Tech

• DoD Minimum Antiterrorism Standards for

Buildings by Jon Schmidt, P.E., SECB, M.ASCE,

Associate Structural Engineer, Burns & McDonnell • The Analysis of Offset Diaphragms and Shear Walls by

R. Terry Malone, P.E., S.E., Senior Technical Director,

WoodWorks–Architectural & Engineering solutions

• Load Generators: What Exactly is My Software Doing

by Kim Olson, FORSE Consulting

• University of Minnesota Northrop Auditorium

Renovation: Underpinning & Micropile Foundation

Case Study by Greg Greenlee, Principal, Engineering

Partners International • The Structural Curtainwall by John Tawresey, S.E.,

KPFF Consulting Engineers

The Annual Conference will also include:

• Social events that facilitate networking with fellow structural engineers; • [New] reception for Young Member attendees; • SECB reception and information on changes to application requirements; • A trade show featuring the best in structural engineering products and services. Check www.ncsea.com for continually updated information on Annual Conference educational sessions, events, and registration information.

Platinum

Current NCSEA Annual Conference Sponsors:

Silver Bronze

June NCSEA Webinars

Register at www.ncsea.com

June 11, 2013 Lessons Learned: Rebuilding the World Trade Center with HighStrength Concrete up to 14,000 psi

Casimir Bognacki, P.E., FACI Rebuilding the World Trade Center required the use of several hundred thousand yards of concrete. This course will explain what field tests should be performed on delivered concrete to have some assurance that the high-strength will be achieved.

June 27, 2013 Building Design for Tornadoes

Bill Coulbourne, P.E. This webinar provides information gathered in investigations into the Tuscaloosa, AL and Joplin, MO 2011 tornadoes, which are leading the ASCE 7 Wind Load Task Committee to include new commentary in ASCE on designing buildings to resist the effects of tornado winds.

These courses will award 1.5 hours of continuing education. Approved for CE credit in all 50 States through the NCSEA Diamond Review Program. Time: 10:00 AM Pacific, 11:00 AM Mountain, 12:00 PM Central, 1:00 PM Eastern.

June 14, 2013 Training for Post-Disaster Assessment

Jim Barnes This California Emergency Management Agency (CalEMA) Safety Assessment Program (SAP) is one of only two postdisaster assessment programs that will be compliant with the requirements of the forthcoming Federal Resource Typing Standards for engineer emergency responders.

The program consists of three webinar seg-

ments available over one day’s time. Cost: $500 – Per Connection. Several people may attend for one connection fee.

NCSEA News

T R U C TURAL S

ASSOC I A T I O N S NATIONAL COUNCI L

The Newsletter of the Structural Engineering Institute of ASCE Structural Columns

2013 Emerging Leaders Alliance Conference

Interested in improving your leadership skills?

Sponsorships available for ASCE members to attend 2013 Emerging Leaders Alliance conference

ASCE, as a partner in the Emerging Leaders Alliance (ELA), will sponsor eight members to attend the 2013 ELA leadership conference. The conference provides rising leaders with tools to more effectively lead their organizations and serve our professional community. This program also allows you to network with engineers and scientists from other disciplines and earn PDHs. The workshop will take place on November 11-13, 2013 at the Hyatt Regency Reston in Reston, Virginia, USA. Interested ASCE members must apply for sponsorship online at http://tinyurl.com/cplhatd by July 1, 2013. For more information, visit www.emergingleadersalliance.org or contact professional@asce.org.

Errata

SEI posts up-to-date errata information for our publications at www.asce.org/SEI. Click on “Publications” on our menu, and select “Errata.” If you have any errata that you would like to submit, please email it to Paul Sgambati at psgambati@asce.org.

Local Activities

New Student Chapter at WVU

Welcome to the new SEI Graduate Student Chapter (GSC) at West Virginia University (WVU), chaired by Daniel Estep and Faculty Advisor Dr. Udaya Halabe. The SEI GSC at WVU is within the Department of Civil and Environmental Engineering (CEE). The mission of SEI-WVU is to promote graduate education in structural engineering, develop leadership skills, create professional development opportunities for current graduate students, and enhance networking with structural engineering professionals. By encouraging interaction between SEI student members and professional members, and providing opportunities for professional and educational development, SEI-WVU will facilitate a successful college-to-career transition, and encourage its members to engage in SEI activities both at WVU and at the national level throughout their professional career.

Structures Congress 2014 Call for Proposals

Be part of the cutting-edge technical program of the Structures Congress 2014 in Boston, April 3-5, 2014. The Structural Engineering Institute is now accepting session and presentation proposals for the Structures Congress 2014.

Key Dates

All Abstract and Session Proposals due June 12, 2013 Notification of Acceptance September 18, 2013 All Final Papers due December 18, 2013 (extensions not possible) Session proposals can take two forms: a traditional session with 4 papers presented, or a panel session with no papers and perhaps more audience interaction. In addition, you can submit individual abstracts that may be combined with others to form cohesive sessions. Topics will include but are not limited to: Bridges Buildings Seismic Wind and Flood Loads Sustainability Business and Professional Practice Blast and Impact Loading Nonbuilding and Special Structures Nonstructural Systems and Components Visit the Structures Congress 2014 website for more information and submission instructions at http://tinyurl.com/dxlgyr9.

SEI East Central Florida One Day Seminar

The SEI East Central Florida Branch of ASCE is pleased to invite you to participate in their Annual Structural Group One-Day Seminar, Friday, June 28, 2013 at the University of Central Florida. The seminar consists of a morning session from 8:30 a.m. to 11:30 a.m. and an afternoon session from 1:30 p.m. to 4:30 p.m. Keynote Speakers • Composite Design – Provisions and Applications:

William P. Jacobs V, P.E., S.E. • Floor Vibrations – A Critical Serviceability Issue:

Thomas Murray, Ph.D., P.E. Throughout the years, participation in the seminar has provided valuable exposure to both seminar sponsors and exhibitors, while providing a professional benefit to community and raising funds for engineering student scholarships. Contact Sameer Ambare, P.E. at sambare@hntb.com for more information and to register. To get involved with the events and activities of your local SEI Chapter or Structural Technical Group (STG), visit www.asce.org/SEI. Local groups offer a variety of opportunities for professional development, student and community outreach, mentoring, scholarships, networking, and technical tours.

Register now. This eleven-part, live webinar course references codes specified by NCEES for the exam, including effects of wind loads and seismic loads for both building and bridge structures. This course will refine your skills for the comprehensive, essay-like design questions. Or consider taking ASCE’s Live P.E. Review Courses and learn from experienced instructors during live webinars. You will benefit from immediate feedback and assistance from your instructors during the live webinars, and supplement your learning with free on-demand recordings of the sessions. With our guarantee, if you register as an individual and you do not pass your exam, provide us with proof of your exam results, and we will enroll you in the next course for free. To save $100, register at: www.asce.org/pereviewlive/ by July 1 using Promo Code EHPE13 – this savings applies to group and individual registrations.

ASCE Library Features Free Collection of Six Papers from Past Structures Congresses

The ASCE Library has provided free access to a diverse collection of six papers presented at past Structures Congresses. The papers were selected by the National Technical Program Committee to provide examples of the type of topics presented and discussed at this annual event. Download the papers as a warm up to attending the 2013 congress or to help you formulate your 2014 session or abstract proposal. Free access to these papers will be available through July 31, 2013 at http://ascelibrary.org/page/ jsendh/structuresfeaturedproceedingspapers.

myLearning

Your New PDH Tracker and Personalized Hub for Continuing Education

Manage your professional development and license renewal through ASCE’s new learning management system – myLearning. Track all your PDHs/CEUs, including those from other providers; obtain certificates of completion; take program-related exams; print or save transcripts of your professional development – all in one place! Make myLearning your personalized hub for continuing education and explore the comprehensive program catalog and track your PDHs. Visit the myLearning website at www.asce.org/mylearning/ and get started today.

New ASCE Structural Webinars Available

SEI partners with ASCE Continuing Education to present quality live interactive webinars on useful topics in structural engineering. Several new webinars are available:

Designing for Flood Loads Using ASCE 7 and ASCE 24 Structural Thermal Bridging in the Building Envelope Damping and Motion Control in Buildings and Bridges June 3, 2013 William L. Coulbourne June 5, 2013 James A. D’Aloisio June 7, 2013 Brian Breukelman

Movable Bridge Series – Details of Bascule Bridges

June 14, 2013 Andrew Herrmann Philosophy of Structural Building Codes June 17, 2013 Dave Adams Introduction to the Seismic Design of Nonbuilding Structures to ASCE 7-10 June 26, 2013 Greg Soules Vibration of Concrete Floors – Evaluation, Acceptance and Control June 28, 2013 Bijan Aalami The Five Pieces of Equipment Every Bridge Inspector Should Have July 10, 2013 Lance Andrews A General Overview of ASCE 7-10 Changes to Wind Load Provisions July 15, 2013 Bill Coulbourne Pier and Beam Foundation Design for Wind and Flood Loads July 29, 2013 Bill Coulbourne Significant Changes to the General Requirements for Determining July 31, 2013 Eric Stafford Wind Loads of ASCE 7-10

Webinars are live interactive learning experiences. All you need is a computer with high-speed internet access and a phone. These events feature an expert speaker on practice-oriented technical and management topics relevant to civil engineers. Pay a single site fee and provide training for an unlimited number of engineers at that site for one low fee, and no cost or lost time for travel and lodging. ASCE’s experienced instructors deliver the training to your location, with minimal disruption in workflow – ideal for brown-bag lunch training. ASCE Webinars are completed in a short amount of time – generally 60 to 90 minutes – and staff can earn one or more PDHs for each Webinar. Visit the ASCE Continuing Education website for more details and to register: www.asce.org/conted.

CASE in Point

Become a Confident Engineering Expert Witness

June 20-21, 2013

If asked for your expert testimony today...

Would you feel ready to take on these potentially lucrative assignments with a sense of purpose AND confidence? You could, can and will when you’ve had the proper preparation from professionals who’ve walked this walk before! Become a Confident Engineering Expert Witness will show you how to prepare and successfully provide expert testimony for discovery, depositions, courtroom, and related legal proceedings. • Earn new firm services revenue • Enhance your professional credentials • Expand personal and professional opportunities • Qualify for recognition as an Engineering Expert Witness Earn 11 PDHs and a Certificate of Completion Since 2009, this popular introductory program has been the top choice for professional engineers, architects, and surveyors. Take the training and watch how quickly you become the “goto” resource for your clients and their representatives.

There’s never been a better time than now to begin!

For more information, visit http://witness2013.acec.org or contact Ed Bajer, ebajer@acec.org. CASE Summer Planning Meeting

The CASE Summer Planning Meeting is scheduled for August 6-7 in Chicago, IL. A new feature to this meeting will have CASE leaders facilitate a roundtable of discussion topics in the structural engineering field. If you are interested in attending the meeting or have any suggested topics for the roundtable, please contact CASE Executive Director Heather Talbert at htalbert@acec.org.

CASE Announces the 2013 CASE Scholarship Winner

Since 2009, the CASE Scholarship has helped engineering students make positive steps towards a bright future in structural engineering The CASE scholarship, administered by the ACEC College of Fellows, is awarded to a student pursuing a Master’s degree in Structural Engineering. CASE strives to attract the best and brightest to the structural engineering profession, and educational support is the best way we can ensure the future of our profession. The 2013 winner, Samantha Dupaquier, will graduate May 2014 with a Master’s Degree in Civil Engineering with a Structural Emphasis from Auburn University.

ACEC Business Insights

ACEC’s 2013 Annual Convention and Legislative Summit

On April 21-24, a record 1,400 ACEC members attended the ACEC Annual Convention in Washington, D.C., meeting with 300 Senators, Congressmen, and Capitol Hill staffers to urge passage of long-term transportation, water/wastewater infrastructure, and energy legislation. 600-plus attended the black-tie Engineering Excellence Awards Gala, which recognized 147 preeminent engineering achievements from throughout the world. The Kauffman Center for the Performing Arts in Kansas City, MO was honored with the 2013 Grand Conceptor Award on April 23rd. The engineering work for the Kauffman Center, which features an 1,800-seat opera hall and a 1,600-seat symphony hall enclosed in twin shells towering 16 stories, was done by New York-based Arup. The complex was designed by Moshe Safdie and built by J.E. Dunn Construction Co. The award citation referred to the facility as a “gleaming … architecturally intricate entertainment complex that features two acoustically tuned performance halls; a four-story, wide-angled glass wall front facade topped by slightly concave sloping roofs; and a pioneering tensile structural support system of encompassing high-strength interior rods. The result is an exciting new focal point for the region’s art and entertainment community, and a dazzling addition to the downtown Kansas City skyline.” ACEC’s Annual Convention also marks the induction of a new ACEC Executive Committee. Gregs Thomopulos, Chairman/ CEO of Stanley Consultants, Inc in Muscatine, IA., succeeded Ted Williams as ACEC Chairman for 2013-2014 at the spring meeting of the ACEC Board of Directors. New members of the 2013-2014 Executive Committee are: Chairman-elect Richard Wells, Vice-President of Kleinfelder; Manish Kothari, President and CEO, Sheladia Associates; Chris Poland, Chairman and Senior Principal, Degenkolb Engineers; Clinton Robinson, Associate Vice President, Black and Veatch Corporation; ACEC/Michigan Executive Director Ronald Brenke is the new NAECE representative.

Fee Development

Being adequately compensated for the effort and value added to a project by the structural engineer is an essential element of the consulting structural engineering practice. Developing fair, yet adequate, fees is always a challenge. Tool 7-2: Fee Development is intended to be used within a consulting firm to stimulate thought and consideration in the development of fees. Engineers in firms that may be experiencing new responsibilities as project engineers and project managers often ask the question – “How do we decide on fees?” This tool may be a useful primer for these employees, and lead

You can follow ACEC Coalitions on Twitter – @ACECCoalitions.

to further discussion with firm management on the firm’s fee development strategies. CASE has developed previous tools in the toolkit, as well as other documents, that can aid in the development of fees and compensation. Several of these tools will be referenced herein. The user of this tool is encouraged to become familiar with the other tools and documents available. Please see the following documents for more information: • CASE Document 504, Proposal Preparation Spreadsheet • CASE Document 976-A, Commentary on Value-Based

Compensation for Structural Engineers • CASE Tool 2-1, Risk Evaluation Checklist • CASE Tool 5-4, Negotiation Talking Points • CASE Tool 7-1, Client Evaluation You can purchase all CASE products at www.booksforengineers.com.

CASE Business Practice Corner

If you would like more information on the items below, please contact Ed Bajer, ebajer@acec.org.

Experts Must Actually Be Experts

A recent case in New Jersey, Nicholas v. Mynster, barred the testimony of a doctor who was hospital-credentialed to treat the condition suffered by the plaintiff, finding that was not enough. Cases in the health care industry are even to the point of requiring a similar board-certified specialist in some instances. Can engineers be far behind? It has been argued that having equal credentials is not enough; the expertise must be in the same area. The list of experts on ACEC’s contractscentral.net does list the area of expertise of all its credentialed experts. The next expert witness program is June 20-21 in Chicago.

Patent Trolling

These involve the use of scanner/copiers that scan a hard copy document into an electronic file and then transmit that file to someone else. Some firms have received letters saying that, if they are using this technology, they are infringing on someone’s patent and must pay a license fee. Some believe the patents are not valid but no court decisions have as yet determined that. The situation is not settled on how to handle these circumstances. Other industries are involved as well. It is best keep up to speed on this issue and look for any cases that have been resolved. The Shield Act has been introduced in Congress. Author Rep. DeFazio says that his legislation “would force patent trolls to take financial responsibility for their frivolous lawsuits.”

What Do You Seal?

The Practice Act or rules in most jurisdictions govern whether a seal is required and when it must be applied to professional documents. Some states will also define what they are. In some states, “as-builts” must be sealed, in others no. The term “as built” is not encouraged in favor of something like record drawings or marked up set of prints. Some follow the general rule of sealing only documents that the government requires to be sealed. NCARB (the National Council of Architectural Registration Boards) has a Model Handbook for Building Officials that offers answers to this question.