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                Geotechnical News • December 2012
              
            
            
              
                www.geotechnicalnews.com
              
            
            
              
                GEO-INSTITUTE NEWS
              
            
            
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              to check for updates or follow us
            
            
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                What’s on viewers’ minds:
              
            
            
              • What are vertical elevation toler-
            
            
              ances for a total station?
            
            
              • Does anybody know about FLAC
            
            
              3D software?
            
            
              • Capital Funding for Geotech Startup
            
            
              • How is the latest development of
            
            
              Green Materials for Slope Protec-
            
            
              tion?
            
            
              • Retaining Wall Details
            
            
              
                G-I News
              
            
            
              
                ASCE national election results
              
            
            
              
                President-elect Elect (2012-2013):
              
            
            
              Randall S.Over, P.E., F.ASCE. Mr.
            
            
              Over assumes the role of president-
            
            
              elect during the Society’s Annual
            
            
              Business meeting in Montreal, Que-
            
            
              bec, Canada.
            
            
              
                A
              
            
            
              
                t-Large Director-Elect (2012-2014)
              
            
            
              
                James A. Rispoli, P.E., BCEE, F.ASCE
              
            
            
              
                Region Directors-Elect (2012-2015)
              
            
            
              
                Region 3: John A. Frauenhoffer, P.E.,
              
            
            
              
                S.E., M.ASCE
              
            
            
              
                Region 4: David B. Peterson, P.E.,
              
            
            
              
                F.ASCE
              
            
            
              
                Region 8: Kristina L. Swallow, P.E.,
              
            
            
              
                M.ASCE
              
            
            
              
                Technical: Brian R. Manning, P.E.,
              
            
            
              
                F.ASCE
              
            
            
              
                Region Governors-Elect (2012-2015)
              
            
            
              
                Region 1: Anthony L. Cioffi, P.E.,
              
            
            
              
                M.ASCE
              
            
            
              
                Shawn P. Kelley, Ph.D., M.ASCE
              
            
            
              
                Region 2: Thomas J. Imholte, P.E.,
              
            
            
              
                M.ASCE
              
            
            
              
                Region 3
              
            
            
              : Carl C. Sutter, P.E., C.C.S.,
            
            
              M.ASCE
            
            
              
                Region 4
              
            
            
              : Jonathan D. Keeling, P.E.,
            
            
              CFM, M.ASCE
            
            
              Aaron K. Robinson, P.E., P.S.,
            
            
              M.ASCE
            
            
              
                Region 5
              
            
            
              : Eric S. Czerniejewski, P.E.,
            
            
              M.ASCE
            
            
              Anthony L. Palmer, P.E., M.ASCE
            
            
              
                Region 6
              
            
            
              : Elvidio V. Diniz, P.E.,
            
            
              D.WRE, M.ASCE
            
            
              Kenneth A. Rainwater, Ph.D., P.E.,
            
            
              BCEE, D.WRE, CFM, M.ASCE
            
            
              
                Region 7
              
            
            
              : Aaron M. Frits, P.E., M.S.,
            
            
              M.ASCE
            
            
              Loras A. Klostermann, P.E., M.ASCE
            
            
              
                Region 8
              
            
            
              : Douglas D. Knapp, P.E.,
            
            
              M.ASCE
            
            
              Michael J. Wilhelm, P.E., M.ASCE
            
            
              
                Help students with a voluntary
              
            
            
              
                contribution
              
            
            
              ASCE/G-I Members. When renew-
            
            
              ing your 2013 membership, please
            
            
              consider including a voluntary
            
            
              contribution which goes directly into
            
            
              a restricted fund for G-I 2013 student
            
            
              activities.
            
            
              Last year’s contributions helped to
            
            
              partially fund MSE Wall team travel to
            
            
              2012 Geo-Congress, Geo-Prediction
            
            
              and Poster Competitions; grants to
            
            
              Graduate Student Organizations
            
            
              (GSOs); travel grants, and more.
            
            
              
                Send your success stories for the
              
            
            
              
                2013 ASCE report card
              
            
            
              While the 2009 Report Card for
            
            
              America’s Infrastructure showed that
            
            
              there is much work to be done to
            
            
              raise the grades, we know there are
            
            
              Bank and its affiliates were original ad-
            
            
              dressees thereof; provided, however,
            
            
              that U. S. Bank and its affiliates shall be
            
            
              deemed not to be subject to or bound by
            
            
              any of the obligations of any original
            
            
              addressee or owner of the Property in
            
            
              any agreement related to the Report....”
            
            
              In essence, this wording would require
            
            
              environmental professionals to commit
            
            
              risk management suicide. It gives the
            
            
              Bank all the benefits of being able to
            
            
              rely on the report (plus a potential es-
            
            
              cape from the constraints of the eco-
            
            
              nomic loss doctrine) with absolutely
            
            
              none of the liabilities or responsibilities
            
            
              that comprised the business context
            
            
              through which the report was devel-
            
            
              oped. In a best-practices scenario – the
            
            
              type of scenario to which, I presume,
            
            
              the Bank subscribes – the client selects
            
            
              a particularly qualified consultant, dis-
            
            
              cusses its needs with the consultant, and
            
            
              then works with the consultant to mutu-
            
            
              ally establish a scope of service for the
            
            
              engagement. The consultant and client
            
            
              then discuss the consideration the con-
            
            
              sultant needs to fulfill the scope of ser-
            
            
              vice and manage the risk associated
            
            
              with potentially lifelong responsibility
            
            
              for the deliverable. Such consideration
            
            
              includes the fee and certain risk man-
            
            
              agement provisions of the contract,
            
            
              such as limitation of liability.
            
            
              By requiring a consultant to prepare
            
            
              and sign its form letter, the Bank is stat-
            
            
              ing, in essence, “We want to be able to
            
            
              rely on the report indefinitely (and even
            
            
              if we do not issue the financing, by the
            
            
              way) without having o accept any of
            
            
              your contractual safeguards, without
            
            
              having to compensate you for any of
            
            
              your customary, anticipated risks, and
            
            
              without having to compensate you for
            
            
              your new, significantly expanded risks,
            
            
              especially the new risk that arises be-
            
            
              cause you designed your service for
            
            
              some other party, and with no knowl-
            
            
              edg of the Bank’s needs and prefer-
            
            
              ences, and no knowledge of the service
            
            
              scope the Bank believes is best-suited to
            
            
              address those needs and preferences.”
            
            
              To a very re l extent, Mr. Grundhofer,
            
            
              this is like requiring a physician to be li-
            
            
              able for you health after y u decide to
            
            
              follow the course of treatment the phy-
            
            
              si ia prescribed for your friend whose
            
            
              illness (in your opinion) was kind of
            
            
              like your own.
            
            
              Geotechnical News,      September  2005
            
            
              19
            
            
            
            
            
            
              do not print key lines
            
            
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