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Why Risk It?

A Secret to Success

March 18, 2008By John P. Bachner

Careful selection of clients and projects can minimize risk

Elected and appointed government officials with water/wastewater system responsibilities are or soon will be considering various projects requiring civil engineering design. Some jurisdictions obtain that design talent the right way; some don’t.

At the End of the Day

December 3, 2007By John P. Bachner

Good management translates into good risk management

The most important function of an engineering firm is developing engineering design, right? Wrong. That’s a lesson that founders of ASFE/The Best People on Earth learned the hard way. Their firms were being sued so frequently that professional liability insurance (PLI) was unavailable to them from any conventional source. “Why are we being sued?” the founders asked. “We’re good at what we do.”

Beware the Dance of the Gooney Birds

October 1, 2007By John P. Bachner

Politicians and engineers would better serve U.S. interests by trying to reach the same goal

If there’s one thing that the various wake-of- Katrina studies have shown us, it’s this: Politicians makes lousy engineers. The evidence probably shows that engineers aren't very good politicians, either.

Grammar for Grownups

August 1, 2007By John P. Bachner

Learning the right terms and the correct ways to use them is serious business for today's engineer

English is a complex language. Among its many words are those that are spelled the same, pronounced the same, yet have different, sometimes opposite meanings. Examples: The community sanctions engineers by giving them a license. The community also sanctions engineers by revoking their license.

Hard Lessons

March 1, 2007By John P. Bachner

It's so much better to learn from others' mistakes

I remember when I first got involved with ASFE, almost 35 years ago. The organization's risk management consultant was a fellow named Ed Howell, a self-described "insurance game" maverick. He developed techniques to help lower ASFE members’ exposure to the frequent, severe negligence claims that made professional liability insurance unavailable to them.

Stacking the Odds in Your Favor

January 1, 2007By John P. Bachner

Contract negotiations require that the terms be spelled out and thoroughly understood

A contract comprises a set of promises -- set out in writing and enforceable by law -- usually made by two parties, each to the other.

Let's Do Lunch

November 1, 2006By John P. Bachner

How engineers should approach their jobs

Taking on bad business is one of the worst mistakes engineering and other technical consultants make. They accept commissions that are too large or too small, that present too much or too little of a challenge, or that require a degree of experience they have yet to achieve. They accept fees that discourage excellence.

Setting Limits

September 1, 2006By John P. Bachner

Restricting a consultant's financial liability promotes effective risk management

The limitation of liability (LoL) provision made its appearance in engineering contracts almost four decades ago. The original provision -- introduced by ASFE/The Best People On Earth -- was simple: The client agreed to limit the engineer's negligence liability to a given amount or the fee, whichever was higher.

Construction Without Consternation

July 1, 2006By John P. Bachner

The Top 10 List for minimizing problems and disputes during large building projects

Construction is risky. Few projects move from start to finish without problems, and -- more often than not -- problems leads to unanticipated costs, unacceptable delays, finger-pointing, disputes, frustration, aggravation, and -- nightmare of nightmares -- litigation.

Memorandum to Public Officials

May 1, 2006By John P. Bachner

The truth about risk management

This memo is long overdue. It's part confession and part rant, and I suppose there's a lot about it you're not going to like, but -- I swear to you -- it's all true and you need to give it some consideration. You may even want to have it read by "the powers that be." Here goes.

Building a Better Case

March 1, 2006By John P. Bachner

Tips for engineers on how to be a more effective expert witness in construction industry disputes

Expert witnesses perform an extremely important role in our legal system, serving the cause of justice by explaining to a trier of fact -- a judge or jury -- technical issues that lay people could not be expected to understand. Opposing experts' opinions about the cause of something seldom agree, however, leaving it up to the trier of fact to determine which expert's opinion is valid.

A Good Writer is Hard to Come By

January 1, 2006By John P. Bachner

Technical professionals often overlook one of the most important aspects of the job

Technical professionals didn't become so because they love to write. That's why so many of them -- especially those involved in civil-engineering disciplines -- are surprised by the amount of writing they have to do. In fact, some, like those engaged in the geosciences, discover that almost all of their deliverables are in writing; e.g., proposals, reports, specifications, memoranda, and project notes. And that creates a paradox, given that any errors in those documents can create liability exposures worth hundreds of thousands -- even millions -- of dollars.

The Art of Cost-effective Compromise

November 1, 2005By John P. Bachner

Alternative dispute resolution can ease the headaches and lower the costs of heading to court

Old adages get that way because they are timeless, usually expressing something fundamental about the human condition. Two in particular are apt for this column: To err is human, and Two wrongs don't make a right.

PLI Yourself Away From Risk

September 1, 2005By John P. Bachner

Making sense of professional liability insurance

Clients know so little about professional liability insurance (PLI) it's laughable. Engineers know so little about PLI it's scary. That's not a good thing. Both sides really need to know a few basics about PLI and the real world where it's applied.