Ethics And Professional Practice Flashcards
Indemnification clause
Shifts risk from one party to another. Usually client to contractor. Contractor is held liable if losses occur when contract is carried out
Liquidated damages
Specified in the contract language
Builders risk insurance
Protects against building damages like protection for equipment, materials, and fixtures used
Limitation of liability
Essentially a copay if found liable. Limits the amount an eng firm would need to pay for damages
Contingent liability
Liability of contractor for damages due to their sub (ie, BV -> kleinfelder)
Special damages
Quantifiable damages the claimant suffers due to negligible act (ie, medical costs, lost wages, property, etc) [EXCLUDES DAMAGES SUFFERED]
General damages
NOT defined by $$
Physical/emotional suffering, disfigurement, gone crazy, etc
A waiver of subrogation
Prevents insurer from taking legal action against a responsible third party after paying for the claims of the insured
ie insurer can’t be a dick and get money from the other person
Gifts can never be accepted but
A company could still be accept after being given a gift
Reminder: hard line on speaking only on what you know/are qualified in
Ex: eng decline to comment on Ebola crisis when discussing site safety
Reminder: voice everything
Ex: eng tells supervisor about leaving to start their own business
Reminder: you can still bid but just within the rules that are known by all
Ex: bidding on old codes despite knowing new
Whistleblower
Employee who reports potential risk due to employer breaking rules
Engineers primary society is ALWAYS to
People, society, community, etc
Elements of a contract
Agreement, legality, consideration and capacity
First document in a contract
Contract agreement
A construction claim is not required under which type of extension?
Extension of scope
Standard agreement form disadvantage
Difficult to modify and often causes other updates
Types of breaches
General, aggravated, liquidated, punitive, and consequential
Tort
A civil wrong that doesn’t breach contract
Contractual right to terminate a contract
The terms “at will” or “convenience” are placed in the contract
Surety
The party that gives the owner assurance that the contractor will be able to pay the parties under her. Surety approves and issues the bond
