THE WINNER'S CIRCLE

"He was a brave man who first ate an oyster". 


DEEP THOUGHTS

Johnathon Swift
Welcome to the new and improved CSI Indy newsletter!  

As we embark on our adventure of providing YOU with the most up-to-date (and relevant) information in the construction industry, we encourage you to provide us with any and all feedback.  Good, bad, and even the ugly is welcome.  What type of articles would you like to read?  What type of events are you interested in?  Anything you think the chapter should be aware of is welcome.
Your Humble Narrator,
Mike Halstead
Indianapolis CSI Newsletter Co-Editor
mikeh@halstead-architects.com
Mild Mannered Reporter,
Ryan Muzzillo

Indianapolis CSI Newsletter Co-Editor
ryanm@halstead-architects.com

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THE INSIDER
Did you notice any changes to our October CSI Indy Newsletter?  I was waiting for an avalanche of accolades to our big modification and I didn't hear from any of you.  I'm not feeling the love. The CSI Indy Newsletter last month was reformatted to work on your computer and your mobile device.  Thanks to our former newsletter editor extraordinaire Dan McCloskey for finding software that allowed us to create the new format and thanks to our Mild Mannered Reporter for doing all the hard work to make it happen.   
        
Thanks to Amy Baker for the most ingenious idea in the Chapter for a while - the Board Meetings are now an hour before the Thursday programs.  That saves a meal cost every month and makes it easier for Board Members to attend.  These young kids and their crazy ideas - ain't youth something?  This month our program on November 16 will be Firestopping, December 14 will be our Annual Holiday Party and January will be a Certification Quiz presented by Captain Jack Morgan and The Lovemaster.  Don't forget the CSI Great Lakes Region Conference on Friday, April 20, 2018 in beautiful downtown Indianapolis - more information to come - and the Louisville Chapters' gracious invitation to join them at Churchill Downs this Friday.    

Bill McGuire is working diligently on a new Chapter Roster - make sure you get Bill all your current contact information before he goes to print.  We all celebrated with Bill last month at our chapter meeting to honor his father Joe McGuire's 98th Birthday.  Joe told me he wanted to live to 100 so he could get a certificate from the Pope.  I'm just hoping I live long enough to see the new Freddie Mercury movie in December of 2018 starring Remi Malek of Mr. Robot fame.  Life is about priorities.  BTW - have you noticed how Stanley Kubrick's movie "Dr. Strangelove" in 1964 is eerily similar to current world events?  In any case - congrats to Joltin' Joe!  Since it is the Thanksgiving season, and in fine CSI Indy Chapter tradition, maybe we should get Joe a wild turkey - or at least a shot thereof.                 
 
While Bill was slaving over the Roster Randy Vogt went fishing in the Sea of Cortez.  As you will see in the newsletter Randy caught a whopper - and you should have seen the x rated photos!  BTW - I don't call it fishing - I call it catching.  Thanks to Ken Schmidt for hiring my son Zach - he is now a new member of CSI too - pretty cool.      

Brian Detty and the Trade Show Committee are starting to prepare for the 44th Annual CSI Indy Trade Show in September of 2018 - we can always use more committee members and fresh ideas.  Will the real BD please stand up - is it Brian Detty or Mike Brannan?  We are selling Early Bird discounted booths now too - so exhibitors don't miss out on the greatest trade show in the world.

Not sure I should talk about my sports teams today - the Colts keep losing (although last week they did beat someone), Da Bears at least have Mitch Trubisky (he needs a nickname), the Blackhawks seem to have forgotten how to win (too many new faces) and the Cubbies got eliminated (bummer).  I have enjoyed watching the new look Pacers - they play hard and they have young legs.  And IU is going to the Rose Bowl!  Sorry - wishful thinking.  It's about this time of year that Hoosiers fans start asking "when does IU Basketball start"?   
      
Have a great Thanksgiving - the best holiday of the year - the day Native Americans invented and the gods expanded to include football.  So b e Colombo and eat "One More Thing".  BTW - did any of you go corning for Halloween?

- Your Humble Narrator 

VIEW FROM THE TOWER
The contract with Mattison has been signed. The Past President Forum has repeatedly demanded change, now it's being delivered. Now witness improvements in marketing, branding, recruiting and helping many tedious tasks specified in the CSI-Indy Chapter Administrative Guide (2014).

On Tuesday 7th of November the Membership Committee will have a workshop to work out the details of the new, and first ever "Mentoring Program".

This week we will be scheduling with Brian Detty and team to discuss a new programs for the Trade Show next year.
Joel Young also will be working behind the scenes to kick off the student Chapter Meeting. Joel is very excited about bring in the young blood.



The Board of Directors will now be meeting on the same night as the Chapter Meeting only an hour earlier, 4:30. Also, I want to welcome all the Committee Chairs to attend.

I want to restate that CSI must and will be the organization that will serve each member for their entire career.

Gene King, CSI, CCCA
Indianapolis Chapter CSI - President 2017-18  

UPCOMING EVENTS
The Indianapolis CSI Chapter wants YOU to join other architects, engineers, contractors, product manufacturers and others in the construction industry for DRINKS AND DINNER at the upcoming meeting on November 16th!

Bar opens at 5:30 - sharp!
Dinner at 6:30

Following dinner will be a presentation on the 'Firestop Technology.'

Location:
Willows on Westfield
6729 Westfield Blvd, Indianapolis, IN 46220

Fees:
Member - FREE
Guest - $20
Student - $10

Click HERE to read more about the presentation and reserve your spot now!

Not a member?  Don't worry - contact David Young at davidyoung327@gmail.com to become a member today!
The Grand Rapids Chapter of CSI Celebrates its 50th Anniversary (1967-2017)

November 9, 2017
6:00 pm - 8:30 pm

Thousand Oaks Banquet Center
4100 Thousand Oaks Drive NE
Grand Rapids, Michigan 49525


Cost: $20/person, payable at the door
Program, memories, awards, networking, open bar and heavy hors d'oevres

RSVP to Pat Corderman - pcorderman@rockfordconstruction.com

November 10, 2017
Gates Open at 11:30 P.M.
First Race Post Time 12:45 P.M.
Buffet Lunch Open 12:30 P.M.

$40 per ticket includes:
- Admission to Millionaire's Row 4th Floor
- Daily Racing Program
- Buffet Luncheon 12:30 P.M. - 3:30 P.M.
- Desserts and Snacks
- Free Parking- Longfeld Parking Lot-Gate 10
- Free Tours of the grounds at Churchill Downs
- Raffle Prizes

CHURCHILL DOWNS
700 Central Ave, Louisville, KY 40208
Dress: Business Casual - Rain or Shine
Wait a second... is that the Hat in the lead?!?  
Dude gets around...  Don't miss him this year!

CSI Indy Holiday Party
December 14, 2017

Mark your calendars NOW for the annual end of year family gathering that you won't want to miss!
No, seriously, you don't want to miss this - how often are you going to see Chuck Thompson smiling?!?
January 18, 2018
Willows on Westfield
6729 East Westfield Blvd.
Indianapolis, IN

January's chapter meeting will be the Certification Quiz presented by Jack Morgan and Chuck Thompson.

Will there be prizes?  Only those that show up to the meeting will know!

Registration coming soon
February 15, 201
Willows on Westfield
6729 East Westfield Blvd.
Indianapolis, IN

Please let Jack Morgan - morwalsoplad1@gmail.com know if you would like to give a presentation for the February meeting. 

Otherwise, I hear Ken Schmidt has volunteered to do stand up comedy.  
Not sure anyone is ready for that...
March 15, 2018
Willows on Westfield
6729 East Westfield Blvd.
Indianapolis, IN

More details coming soon!
April 19, 2018
Willows on Westfield
6729 East Westfield Blvd.
Indianapolis, IN

More details coming soon!
TABLETOPS
The Indianapolis Chapter of CSI is accepting reservations for Table Tops for upcoming Chapter meetings. The list of programs for upcoming Chapter meetings is published in this newsletter, the web site, or contact Program chairman Jack Morgan - morwalsoplad1@gmail.com , if you would like to target a particular meeting, be sure to make your reservation early. We do have a limit of four spaces available for Table Tops in a standard meeting room and 10 if we have a double room.
 
Table Tops are an opportunity to promote your company, products, or services to all attendees of our regular chapter meeting during the social hour. There is a maximum of 20 minutes for Table Top presentation at a regular Chapter meeting. You have the floor for maximum of five minutes after dinner before the speaker to communicate to the entire group if there are four presenters. If there is a greater demand, the 20 minutes will be divided by the number of presenters and rounded down to the nearest 30 seconds.
 
The Table Top presentations are FREE, one time, to new members, and cost current Indianapolis Chapter members only $75. Non-members get the same opportunity for $125. A 30 by 60 table with a cover and skit will be included. All proceeds go to support the Chapter. Payment is due at the time of setup.

Another opportunity for a Table Top is during an Education Seminar. The cost is if you combine it with the Chapter meeting and Education Seminar the cost would be $100 for current members and $150 for non-members.

If you would like to schedule a Table Top for a future meeting or seminar, contact:
 
Kent A. Hughes RA CDT - American Structurepoint
khughes@structurepoint.com - 317.690.5820
 
Be sure to put 'Table Top Request in the subject line
CERTIFICATION QUIZ
Jack P. Morgan
Indianapolis Chapter Quizmaster

1. The responsibility of inspecting work already performed for proper condition to receive subsequent work lies with the:
 

a. Owner
b. A/E
c. Contractor
d. Subcontractor

 

2. The Contractor's first activity on the project site typically is:
 

a. Survey and lay out the new construction
b. Meet with the AHJ
c. Install temporary power
d. Begin mobilization

 

3. The direct acquisition of materials and equipment by an Owner is: 


a. Procurement
b. Bidding
c. Purchasing
d. Solicitation

 

4. Drawings produced during this design stage include, sketches, renderings, and conceptual diagrams:
 

a. Design Development
b. Construction Documents
c. Schematic Design
d. Conceptual Design

 

5. The special procedures used to ensure cost compliance include which of the following?

 

a. Cash Allowances, Material Allowances, Quantity Allowances

b. Alternates, Unit Prices, Stipulated Sums
c. Alternates, Unit Prices, Allowances

d. Guaranteed maximum price, Unit Prices, Design Allowances 

MY 53RD CONSTRUCT
CSI Construct was in beautiful Providence, Rhode Island for 2017, and we saw lots of water as we flew over this seaboard city. Our hotel was about four blocks from the Convention Center, allowing for touring the older downtown as we made our way to Construct. Every day my son Bill, tried new routes to-and-from the hotel, seeking the least bumpy route. Bill would ask questions, and often I corrected his construction vocabulary when we discussed buildings and workmanship because he said he enjoyed the education.

Every year I begin my convention attending the Specifiers of Construction in Independent Practice (SCIP) dinner. The SCIP dinner was held in the renovated downtown library, a treat with statue performers amongst us during cocktails.

Wednesday began with the main speaker, Thom Mayne, who discussed his book Morphosis and its description of the work of his company (also named Morphosis) around the world. For a modest fee, we were Construct Insiders. Bill and I attended a luncheon with Mr. Mayne where he spoke in greater detail. Bill won the drawing for his signed book. After lunch, the exhibition hall was open, and it was time to get this year's CSI Construct official pin. This year's great give-aways was the stuffed animals; my great-grandchildren will appreciate them at Christmas.
Before the Welcome Mixer, the Great Lakes Region Caucus was run by Region President Ken Schmidt. Sponsors served fist-sized shrimp and refreshing beverages to one of the largest caucus gatherings in my memory. Region Business was completed in time to go to the Welcome Mixer Clam Bake. Bill and I sat with Past CSI President Edward Soenke, FCSI, AIA, NIBS  and his wife during dinner. It was the first time I can remember saying "too much" to lobster.

Thursday starts with the Exhibition hall where I renewed friendships: Gary Gaiser, FCSI, along with so many of my old friends, many wanting to take a "selfie" with me. That evening, festivities began with honoring the 2017 class of Fellow awardees and finished with the Fellow's Celebration. There were no chairs for the celebration since everyone stood at small tables. I was happy I brought my own chair!

Friday morning at 7:30 AM was the College of Fellows Breakfast. We almost missed it because of oversleeping. I woke Bill asking "When are we to leave?" Bill sprang up and said "30 minutes ago!" He got dressed, and we rolled the four blocks into the breakfast 15 minutes later. Regardless of the lateness, the good cheer and affection among the Fellows makes this a "can't miss event" for me. Then it was back to the Trade Show exhibition hall to find more treasures. I often showed Bill products and items that he should become familiar with and I introduced him to several experts in their fields. The Construct ended with host chapter night out. That's where members can let their hair down with good food, drink and entertainment. There was dancing, music, and exceptional fellowship. It is always a great finish to Construct. 

Joseph McGuire AIA FCSI CCS SCIP 
SENSELESS SECURITY
How often have you seen a standard confidentiality disclaimer at the end of an email? An email I recently received ended with this:

This email together with any attachment(s) is proprietary and confidential, intended for only the recipient(s) named above and contains information that is privileged. You are hereby notified that the dissemination, distribution or copying of this email or its contents including attachments is strictly prohibited. If you have received this email in error, or are not the named recipient(s), you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and doing so constitutes a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. Although precautions have been taken to make sure no viruses are present in this email, [company name] cannot accept responsibility for any loss or damage that may arise from the use of this email or attachment(s).

Even a simpler version, which appeared in an email I received while writing this, is a problem.

The information contained in this message is privileged and intended only for the recipients named. If the reader is not a representative of the intended recipient, any review, dissemination or copying of this message of the information it contains is prohibited. If you have received this message in error, please immediately notify the sender, and delete the original message and attachments.

I'm sure some legal department came up with these disclaimers and insisted they be included in every email, even though compliance with them interferes with marketing and use of their products. In both of the above examples, the email had information the senders expected me to pass on to the other specifiers as well as to our interior design group.

That's often the case; the senders don't say it, but they will be pleased if the information is passed on to others. Yet the disclaimer specifically prohibits that; in fact, it essentially says I can't even talk about it. Not only that, but it states that by doing anything other than deleting the email, I am breaking a law.

This is bad enough when the email does contain product information (though if it's on the company website, what's the point of the disclaimer?), but it becomes ludicrous when it follows casual email.

Joe: What are you doing for lunch today? Do you think Bob will want to join us?

This message and its contents are confidential, and are intended only for the recipient. Do not copy or send it to others.

Or a joke. Occasionally, a friend sends collections of funny photos and videos (safe for work variety), clever sayings, and other amusing things found online. All are followed by his agency's standard disclaimer.

I can't help but wonder what the legal impact is of a disclaimer that is appended to every email regardless of content. I found several opinions online, most of which agree that in most cases, the disclaimer is meaningless, the exceptions being for email from attorneys or others whose messages are legally considered privileged communication.

Email Confidentiality Disclaimers: Annoying but Are The Legally Binding? "Dropping a standard confidentiality disclaimer at the bottom of every company email doesn't unilaterally force on a recipient any duty of confidentiality. In other words, this disclaimer is of no legal effect."

Spare us the e-mail yada-yada "Lawyers and experts on internet policy say no court case has ever turned on the presence or absence of such an automatic e-mail footer in America, the most litigious of rich countries." 

Blind copying

On a related matter, many manufacturers' representatives send email using blind copy lists. Such information would be useful to the other specifiers, and to various other staff as well. Again, I know the senders would like me to pass their email on, but without knowing whom they sent it to, I am reluctant to forward it, as I know I will send to people who already have the email.

I understand the value of blind copying, and I encourage its use. If a manufacturer's representative wants to send something to a hundred specifiers, none of them will want to see the lengthy "to" list. It would be better for those on the receiving end if the rep were to send to people in a single company with the recipients visible.

The ultimate disclaimer

Scanning through my own email, I found several disclaimers that exceeded 100 words, and one of 238 words. Which led me to wonder, "What is the longest disclaimer?" I've seen fake disclaimers of several hundred words, and many years ago, inspired by a particularly verbose disclaimer, I assembled one that is about 1,400 words. 

But for real email disclaimers written by companies, there are some doozies, including one that ran to more than 1,000 words. 
What's the longest one you've seen?

Links

Email Confidentiality Disclaimers: Annoying but Are The Legally Binding? www.businessattorneyinaustin.com/2014/12/annoying-email-confidentiality-disclaimers/

Spare us the e-mail yada-yada www.economist.com/node/18529895

The information contained in this article is intended only for anyone who happens to read it. If received in error, failure to forward it to everyone on your contact list is prohibited. After reading, please delete all files, reformat all drives, and immediately take your computer to the nearest LEED-certified incineration plant for disposal according to local ordinances. Upon completion, go directly to the local office of MiB (Men in Black) for neuralyzer treatment.

© 2017, Sheldon Wolfe, RA, FCSI, CCS, CCCA, CSC

Agree? Disagree? Leave your comments at https://swspecificthoughts.blogspot.com/2017/10/just-another-day-senseless-security.html

WALKER PROFESSIONAL NEWS
"Complying with all laws" during design and construction

Consider this situation: You have been awarded a commission to design a building for a new client. You propose using the AIA's Standard Form of Agreement B101 as your owner-architect contract, but the client insists you sign a version of the B101 "with just a few minor changes." You notice that one of those changes requires you to "comply with all laws, rules, and regulations," rather than, as the B101 states, to "review laws, codes, and regulations applicable to the Architect's services." That changed language should be setting off alarm bells for you.

One of the most overlooked yet dangerous pitfalls for an architect is a provision in a legal document requiring a design professional to "comply with all laws, rules, and regulations" or similar language. However, such a provision can create a trap for an unsuspecting architect.

The problems with "complying with all codes"
A large number of laws apply to the design and construction of buildings. These laws govern:

- life safety
- (nat'l model building codes & local adaptions)
- fire protection
- accessibility (ADA as well as local requirements)
- zoning
- occupant safety (e.g., OSHA)
- sustainable design
- wetlands preservation
- public health
- historic preservation and
- employment (federal, state, and local).

It may in fact be impossible to comply with all laws that apply to a particular project because those laws may have contradictory provisions. To illustrate this point, the Advisory Legal Opinion - AGO 93-40 from the Florida Office of the Attorney General, on the subject of "conflict between building code & firesafety code," states that:

when the provisions of the applicable minimum building code and the applicable minimum firesafety code conflict ... the local building code enforcement official and the local fire code enforcement official [shall] resolve the conflict by agreement in favor of the requirement of the code which provides the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction.

Similarly, the General Services Administration's (GSA) Codes and Standards states that:

[s]hould a conflict exist between GSA requirements and the GSA adopted nationally recognized codes, the GSA requirement shall prevail. All code conflicts shall be brought to the attention of the GSA project manager for resolution.

Similarly, the Department of Public Safety, Bureau of Building Codes & Standards, State of Maine, states that when conflicts between codes arise the Bureau will make changes. But until such changes are made, an architect may not be able to comply with all laws.

Even national model codes can conflict with each other:

Since the creation of the Technical Standards and Codes Board in 2009, the Board has reviewed several conflicts between the ICC Codes adopted and the NFPA Code. They have also made several amendments to the Code that was originally adopted. All of these changes should be reflected in the latest set of Chapters 1-6 that were done through Rule-making in the 126th Legislature...

Furthermore, when architects agree to "comply with all laws, rules, and regulations" in either a modified B101 or a client's customized contract, they may be agreeing to perform services beyond their expertise and normal responsibility. If "all laws, rules, and regulations" is construed to mean, for example, job-site safety, then OSHA regulations could apply, making architects responsible for work that is not covered under their professional liability insurance.

And finally, what does "comply with" actually mean? To receive a building permit, it is commonplace for an architect's drawings and specifications to be reviewed by the agencies having jurisdiction over building code compliance. Normally, the plan review process generates corrections, with the agency citing code sections that were not met in the submitted plans, thus not "complying with all laws, rules and regulations." Especially for large or complex projects, rarely is a plan review returned with no corrections needing to be made. Is the architect in breach of contract if the initial plan review identifies areas of noncompliance?
Standard forms of agreement and the architect's standard of care

The AIA Owner-Architect Standard Form of Agreement B101 (2007) recognizes that (1) there is a bewildering number of laws and codes related to design and construction, making it unreasonable to expect an architect to be an expert in all of them; (2) the codes themselves may contradict each other; and (3) not all the design- and construction-related laws and codes concern the architect. Thus, the B101 states, in Section 3.201, that

[t]he Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services.

This effectively establishes the standard of care for architects relative to code compliance (the standard of care for architects being how other architects under similar circumstances, in the same time frame, and in the same locale, would be expected to perform). Agreeing to a "comply with all"-type clause elevates an architect's professional standard of care beyond what is typically insurable, and should be replaced with words such as "take into account" or "review." There is considerable authority for this position.

The 2012 AIA Code of Ethics & Professional Conduct addresses this:

3.101 In performing professional services, members shall take into account applicable laws and regulations. Members may rely on the advice of other qualified persons as to the intent and meaning of such regulations.

NCARB's Rules of Conduct are recommended for Member Boards having the authority to promulgate and enforce rules of conduct. NCARB's Rules state that

[i]n designing a project, an architect shall take into account all applicable state and municipal building laws and regulations. While an architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws and regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.

Many states follow NCARB's view. For example, the Ohio Administrative Code (OAC) 4703-3-07 (A)(2) requires that architects "take into account" all laws when performing their services. It does not require an architect to be perfect and "comply with all laws." The lesson to be learned from NCARB and states like Ohio is that architects do not have to agree to such a clause, and that an architect who does could find it difficult or impossible to perform in accordance with the contract.

On some projects, the architect may be presented with the client's lending institution's Certificate of Consent for Assignment. This document may state that in order for the client's loan to be finalized for the project, the architect must certify that the project was designed and built in compliance with all laws, rules, and regulations, so that the architect's agreement can be assigned to the lender if the client defaults on the loan. Unfortunately, sometimes this certificate lists every conceivable law or rule, which may be well beyond the scope of the architect's services.

If you find yourself in the situation where your client is requiring you as an architect to certify that something is true, complete, and correct, and that the design "complies with all laws," push back. Satisfying this requirement exceeds the standard of care for which you are insured, and signing such a document may risk your insurance coverage. Your better option is to advise your client to delete such onerous "comply with all laws" language if they also require you to carry professional liability insurance-they can't have both. If that doesn't work, then at least define what is meant by "certify":

As used herein, the word certify shall mean an expression of the Architect's professional opinion to the best of its information, knowledge, and belief, and does not constitute a warranty or guarantee by the Architect.

Avoid the "comply with all laws" trap

In summary, architects should explain to their clients why the "comply with all" language is problematic. First, there are so many laws, rules, and regulations affecting the building industry that they may at times conflict, and it simply is not possible for an architect to know them all. Second, laws are constantly evolving, sometimes even during the course of a project, making it impossible to comply with a moving target. And third, laws are subject to human interpretation. One code official's interpretation of a regulation may be different from another's, and code officials may change during the course of a project.

To a layperson it seems logical that an architect should "comply with all laws, rules, and regulations" for their projects. However, these clauses in legal documents are a pitfall that architects should avoid. The best approach is to negotiate with your client, explaining why it is inappropriate to require an architect to perform above the accepted standard of care.

About the author:   Eric O. Pempus, FAIA, Esp., NCARB, LEED GA

Expertise in architecture, law and professional liability insurance, with a unique and well-rounded background in the construction industry, Eric has been a risk manager for the last 12 years. Prior to serving as a risk manager, he has 25 years of experience in the practice of architecture, and as an adjunct professor teaching professional practice courses for the last 30 years. As a Fellow of the American Institute of Architects and a member of the AIA National Ethics Council, he has presented numerous programs in various venues across the US and Canada. Eric serves as the risk manager for DesignPro Insurance



Thank you for reading!
We hope you enjoy this topic! If you have any questions about this article, please e-mail us at the addresses below.

Holly Gill-Gaither

Kristen Walker

Walker & Associates is a member of a/e ProNet, and this newsletter is provided thanks to this relationship. The content of this newsletter was reprinted with permission.
LEGAL CORNER
LIMITATION OF LIABILITY CLAUSE BARS NEGLIGENT DESIGN CLAIM

SAMS Hotel Group, LLC v. Environs, Inc., 2013 U.S. App. LEXIS 11047 (7TH Circuit May 31, 2013).

SAMS Hotel hired architect Environs to design a six-story hotel in Fort Wayne, Indiana. The building had to be demolished without ever opening due to structural defects. SAMS alleged that the architect provided a defective design, and negligently performed its obligations. SAMS claimed damages of more than $4.2 Million, but due to a limitation of liability clause in the contract with Environs, SAMS' damages were limited to $70,000.00. The limitation of liability clause stated that Environ's liability could not exceed the amount of the total lump sum design fee due to negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

SAMS sued Environs for negligence and breach of contract. As to the first charge of negligence, the District Court ruled that Environs was not liable for negligence due to the "economic loss rule" under Indiana precedent. Indiana courts had previously held that a contracting party cannot be liable under tort theory for purely economic loss caused by alleged "negligent contract performance." As to the second charge, the District Court did find Environs liable for breach of contract, however it ruled that the limitation of liability clause was enforceable and limited SAMS' recovery.

On appeal, this decision was affirmed. The court drew a clear line between claims of contract breach and claims for negligence that arise from a contractual duty resulting in purely economic loss. Claims in tort for professional malpractice were barred by the economic loss doctrine, and the contractual limitation of liability clause was enforceable as between sophisticated contracting parties.
BUDS AND SUDS CONTRACTOR INVITATIONAL
The Buds & Suds Contractor Invitational is the plumbing & mechanical industry's premier big game fishing tournament. Sponsored by industry leading manufacturers, teams of contractors from all over North America join with their host team sponsors to compete for top honors, cash, and bragging rights.
 
Baja's world renowned Sea of Cortez is known as one of the premier big-game fisheries in the world and is the backdrop to the BSCI. The waters here consistently produce huge numbers of BIG marlin, dorado, tuna, sailfish and more. Delivering non-stop action both on and off the water, the BSCI provides an exclusive opportunity to catch trophy big game fish, win top prize money and awards, and network with industry leaders from all over North America. 

Randy Vogt with a 32 pound Wahoo
CSI INSTITUTE MEETING AT CONSTRUCT
Board Talking Points 

 

1.       Institute has been focused for the past 24 months on stabilizing and simplifying business processes  and position CSI for growth

a.       New governance approach to enable Board focus on results to be achieved

b.      Improve member service (expanded hours, 8 a.m. to 8pm M-F

c.       New website

d.      New online communities (social network)

e.      NSF grant program has gone from 2 schools to 12 and now 30 (CDT in the college classroom)

f.        Preserve and improve certifications

g.       New version of the PDPG will be available in January 2018; and will be the source document for the Spring 2018 exam cycle.

h.      Reach an agreement for partial sale of BSD.

i.         Resuscitate education

j.        This work has gone well and is either complete or a path to completion is apparent

 

2.       Goal for the next year is on transitioning our focus from stabilizing and simplifying processes  to growth and sustainability.

a.       Renewed outreach

i.      CDT as a renewable certification. More information to come late information and early spring.

ii.      New tools and educational opportunities for members

iii.      Expanded communities available to chapters and other groups

iv.      Focused and updated brand experience; more compelling reasons to join story, better on boarding of members, supported by better systems.

 

b.      Continued improvements to infrastructure

i.       Better data management
ii.       New membership, volunteer, and management tools

 

c.       The Board authorized additional and significant investment to improve the  member experience and the overall value of membership

 

3.       Board approved investments enabling Mark to proceed with the following

 

a.       upgrades to:

i.      Information Technology

ii.      Marketing, promotions, and CSI graphic presentation

iii.      Improved financial reporting

iv.      Upgrades to data quality

 

b.      aesthetic consolidation of the following (currently, these all have a different "look")

i.      The Specifier

ii.      CSIresourses.org

iii.      Masterformat.com

 

c.       expansion and rollout of expanded communities and microsites.

 

d.      Expansion and development of education programming

 

e.      Format licensing

 

f.        Chapter and Region affiliation project

i.      Focus on product/service delivery/consistency and support

 

4.       The Board continues to review the CEO through use of monitoring reports which track progress toward the Ends.  Progress is being made constantly (a good example is website up-time and response time to customer requests), and the mood among staff is good and appears to be constantly improving.  However, much work remains to be done.  Mark has set achievable but high targets for staff and CEO performance, and the staff has, in general, responded admirably.

 

5.       The Board had a lengthy generative discussion about the nature and function of Regions and Chapters and how the Institute can support and understand the needs of the components.  The following is a very brief summary of that discussion.

 

a.       Regions vary across the country, and some appear to be functioning exceptionally well. Others are struggling with mission or volunteer capacity or both.  Generally, the Board was committed to Regions and their place in CSI, but there is some recognition that the Chapter/Region/Institute is a geographic relationship, and the structure was designed before the internet age.  Some re-thinking, re-purposing, and renovation of this tiered structure will almost certainly be needed long term.

 

b.      Chapters vary greatly in size, activity, and capacity.  For example, 25% of chapters account for 6% of CSI membership. There is wide recognition among Board members that Chapters create tremendous value for the organization and are the face of the organization at the local level.  Some chapters are in trouble either financially or lack a critical mass of leadership or volunteer capacity or a combination of factors.  There is recognition that CSI at the Institute level has a role to play in identification of struggling chapters, and also in support of those chapters, perhaps through their Region.

MINUTES
Minutes of the Indianapolis Chapter CSI Board of Directors can be read HERE.  Please contact the president with any comments or questions.
MONTHLY CARTOON
Gobble Gobble
QUIZ ANSWERS
1. - c (AIA A201, 3.3.1)
2. - d (PDPG 13.4.8)
3. - c (PDPG 11.3.16)
4. - c (PDPG 11.2.3.2)
5. - c (PDPG 8.14)    
The Indianapolis Chapter, CSI was founded in 1961 and continues serving the local construction community. The Chapter is currently the largest chapter in the Great Lakes Region. Our membership is made up of architects, engineers, interior designers, facilities managers, contractors, product manufactures and representatives, and others involved in the construction industry.
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