The License

The arbitrator was already seated at the head of the table when they entered the room. The City Manager and City Attorney took one side, a senior executive, attorney and the engineer (E) the other. Nervous smiles, brief greetings.

“The essence of this case is this” the arbitrator began. “The city hired the consulting firm to design facilities to increase the rated capacity of its WWTP by 5 million gallons a day. Those facilities have been constructed, but have failed to reliably achieve the design objective. As a consequence, the city's plant has been derated.”

“An independent study concludes that the sludge dewatering equipment is inappropriate for the conditions present at this plant. The city asserts engineering negligence and seeks damages in the amount of $12.5 million, the estimated cost to design and construct replacement facilities.”

Turning to the Engineer: “Mr. E, you counter that you were specifically directed to specify this equipment by city staff.”

“Yes, by both the public works director and the chief plant operator. They said they’d each worked with this dewatering equipment before, and wanted to see it included in this expansion.”

“Is it likely you would have selected it otherwise?”

“Probably not. We typically go with systems that have a longer track record. But the client strongly preferred it, so we looked closely at it, visited the factory, reviewed their data, and in the end were satisfied. We also talked about it internally with our senior leadership." Looking at the city manager he continued "Our company greatly values our relationship with the city and didn't feel this was an issue worth disagreeing over."

“Do you have anything in writing from the city specifically directing you to use this equipment?”

“No, the client told us many times exactly what they wanted. I'm sure they'll tell you, they were very clear about that. But no, nothing formal.”

Mr. E, as a licensed professional engineer, your primary duty is to who?”

Stumbling for a second he replied, “Well, to the cli..., uh the public of course.”

“Yes, and this WWTP is owned by the public. The expansion project we’re discussing is being paid for by the public. The public Mr. E, is in fact your true client, is it not?

'Yes..."

Employees of the city are the current administrators of the infrastructure. They are its stewards. During its 80-year design life the number of city administrators may be numerous. You serve the public by helping each successive administrator provide excellent stewardship during their tenure. Your license is issued by the Department of Consumer Affairs, which is no accident. Licensure means you're held to a higher standard of personal responsibility and professional conduct than mere mortals. Your client was, is, and always will be the public above all others. Is that your understanding as well Mr, E?"

He nodded.

One final question then. Please tell me whose license is represented by the professional engineer stamp affixed to the contract documents specifying the equipment used on this project?”

“That would be mine…” he said, his voice barely above a whisper...

Less than a week later he was summoned to join a meeting in the company's main conference room. Senior executives and the attorney were already present, their expressions somber. Mr. E slowly slid into the remaining chair at the foot of the table.

Thanks for all you do. Have a terrific weekend,

Dave

Reply: dave@goodnewsfriday.com

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