Engineering

News & Analysis as of

The new Engineering Consultancy Law

The new Engineering Consultancy Law – entitled the Law Regulating the Work of Engineering Consultancy Offices – was enacted on 12 May 2016. It repeals and replaces the former Engineering Consultancy Law (SD 120/1994), by...more

Issues for consideration: EPC contracts and technology licenses in petrochemical projects

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project...more

Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory

In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of...more

Coating Technology Restrictions Can Trap U.S. Manufacturers, Engineering Firms, and Machine Shops

Many U.S. manufacturers are familiar with the export control restrictions that apply to the products they sell and the similar restrictions that apply to the “technology” (know how) required to develop, produce, and use those...more

[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand...

TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc....more

Engineers Beware!! California Courts Have Held Engineers Owe A Duty Of Care And Are Liable to Contractors For Plans And...

In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by...more

Massachusetts State Building Code Update: 9th Edition Anticipated to be Issued without Concurrency Period

The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it expects to issue the 9th Edition of the Massachusetts State Building Code in the first half of 2016, which will...more

Oregon Court of Appeals Holds Engineer Must Provide Property Owner with Notice of Lien Rights in Order to Perfect and Foreclose on...

In Multi/Tech Engineering Services, Inc. v. Innovative Design & Construction, LLC [274 Or App 389 (2015)], the Oregon Court of Appeals held that an engineer was required to provide a property owner with notice of lien rights...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Key Takeaways From the Associated Industries of Florida Water Forum

Last week I was honored to serve as lead moderator at the 2015 Associated Industries of Florida (AIF) Water Forum held in Orlando, Florida. As moderator, I led dynamic conversations on a wide range of water-related issues,...more

Lessons from a Diner: Up Front Costs can Save You Money in your Engineering Practice (law note)

I happen to frequent a place in my hometown called Elmo’s Diner.  A lot.  As in, many of the servers know me by name.  The food is good, yes.  The selection is great.  But there is a much more important reason that I go there...more

Requirements for Applying for H-1B Visas

The H1-B Specialty Occupation Visa is a non-immigration visa that allows foreign workers in specialty occupations to temporarily work in the United States. H1-B Requirements - There are three primary requirements to qualify...more

LA Metro Pursues Independent P3 Authority: ABX 1-12

Los Angeles County Metropolitan Transportation Authority (“LA Metro”) is pursuing new public-private partnership (P3) legislation, Assembly bill ABX 1-12 (“Bill 12”). Bill 12, introduced and read for the first time on August...more

Prepare the ground for effective contract administration: the UK’s Privy Council looks at termination risks and the employer’s...

Introductory remarks - The UK’s Privy Council recently considered the interpretation of two clauses in the FIDIC Red Book 1999, concerning the obligations of an employer to evidence financial arrangements and to notify...more

Texas Court of Appeals Holds that Economic Loss Doctrine Does Not Bar Building Owner’s Negligence Claims Against Geotechnical...

USA Walnut Creek, DST v. Terracon Consultants, Inc. f/k/a HBC Engineering, Inc., 2015 Tex. App. LEXIS 1806 (Tex. App. 2015) - This cases arises out of the construction of a twelve building apartment complex in Austin...more

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

Ninth Circuit: Relators Can’t Profit from their Own Criminal Conduct

In a matter of first impression, the Court of Appeals for the Ninth Circuit held that a relator cannot partake of proceeds from an FCA action if he has been convicted of criminal conduct arising from his role in the fraud. A...more

Department of Energy Looking to Partner Small Businesses, Labs

On July 8, the U.S. Energy Department, during the Clean Energy Manufacturing Initiative’s Southeast Regional Summit, announced the national laboratories who will take the lead in implementing a new Small Businesses Vouchers...more

OSHA Clarifies RAGAGEP Definition and Abandons Use of "Commercial Grade" in PSM Standard

On June 9, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published two interpretations related to process safety management (“PSM”). In this publication, OSHA defined the term...more

OSHA Interpretation on Recognized and Generally Accepted Good Engineering Practices in Process Safety Management

OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices”...more

Case Summaries: Equivalency of Registration Requirements

Registrar of the Association of Professional Engineering of Ontario v. Gurpersaud, 2015 ONSC 804 (Ont. Div Ct), dismissing an appeal by the Registrar of the Registration Committee’s decision to issue a licence to...more

Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

When the Arizona Legislature enacted the Purchaser Dwelling Act (the "Act") in 2002, it imposed various pre-litigation notice and inspection requirements on purchasers and homeowners’ associations before they could file a...more

Letters of the Law: 'F' is for Fire Safety

A to Z of Construction Law in Qatar Series - Achieving fire safety standards is paramount for the successful completion of many construction and engineering projects but what approval is needed, how does it affect the...more

Illinois Court Holds that Engineering Plat Did Not Improve Land, Rendering Mechanics Lien Invalid

The Illinois Appellate Court invalidated an engineering firm’s mechanics lien for platting of undeveloped land performed as due diligence before a sale, because the services provided by the firm did not increase or improve...more

Texas Court Upholds Engineer’s Tort Duty to Third Parties

The Texas appellate decision recently confirmed that state’s general rules regarding the outer limits of common law tort liability arising from alleged construction defects. USA Walnut Creek, DST v. Terracon Consultants,...more

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