Sunday, June 25, 2017: 8:00 AM-9:00 AM
Fundamentals and Applications
Chair:
Michael Cooper, P.E., MCC
Technical Committee: 7.2 HVAC&R Construction & Design Build Technologies
CoSponsor: 1.7 Business, Management & General Legal Education
The session presents an actual case in which a practicing engineer was sued for negligence and malpractice. The workshop takes to form of each side of the case being presented, prosecution and defense and then the audience will breakout into smaller groups to discuss. Each group will have one individual speak for the group to convey what was discussed about the points of the different sides of the argument and then state if the group felt the engineer was guilty or innocent. At the end of the session, the actual decision is revealed.
1 The Case for the Plaintiff
 |
E. Mitchell Swann, P.E., MDCSystems |
The arguments for a guilty verdict are presented. The list of breaches of the contract and/or law are presented and the recommended remedy being sought is expressed. The damages to the plaintiff are presented that will include direct and consequential damages.
2 The Case for the Defense
 |
Michael Connor, P.E., WSP |
The arguments for a not guilty verdict are presented. The counter arguments for each of the list of breaches are expressed as well as the argument that the damages sought are excessive.