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FACC 400 – Fall 2016

Lecture 3
Relation between the Engineer and the Client

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Participants needed for
Principal Investigator:
Dr. John Lydon
Contact:
Holly Engstrom at

Social Psychology research


lydonlab.coordinator@gmail.com

• If you think you might like to participate in a study and be compensated for your
time, you can enter the participant pool.
• Researchers in McGill’s Social Psychology Labs will then have access to your
information and will contact you to let you know about available studies.
• Compensation is ~$10/hr, depending on the study.
• All studies are approved by the McGill Ethics Committee.
• There is no obligation to participate in a study once you are in the pool, and you
are free to withdraw from the pool at any time.

To sign up, simply go to the following website and complete


the 1-minute McGill Social Psychology Recruitment Survey:
http://tinyurl.com/hrvxfxh
*Note: if you signed up last year and are interested in participating again this year, please complete the online questionnaire again as your
information may have changed*
No tutorials next week
Definitions Showcase of past case studies done
on myCourses.

ž Engineer: a person designing/selecting


materials, structures, processes and
systems while considering the limitations
imposed by practicality, regulation, safety,
sustainability, environmental impact as
well as cost.

ž Client: a person or organization who pays


a professional person or another
organization for services

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What are engineering agreements?
Engineer

Client
Why are agreements needed?
ž Engineering agreements are vital in
establishing and retaining effective working
relationships between clients and engineers.
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Why are agreements needed?
ž These agreements optimize the relationship
by defining…
— Everything outside of what a professional
engineer is already bound in duty to the public,
to other engineers and to clients, under the
provisions of the Engineers Act, the Code of
Ethics of Engineers, and bylaws

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What are the types of agreements?

Verbal agreement Short written contract Complex agreement

ž The complexity and length of the agreement will


depend upon the nature of the work and services to
be rendered by the engineer.

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1. Answer Turning Point Cloud question in 10 minutes

Activity 2. Upload your list of items on myCourses before Sept.


30 Assignment Section - for participation points

ž An educator who develops language learning tools


came up with an idea for a language-learning app. He
wants to hire an application development engineer to
turn it into a smartphone application.
ž Work in pairs (client & engineer) and identify items you
want to define in the agreement.

Engineer
Client

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Standard agreements

Because each engineering project is unique, the agreement for


engineering services to complete the project should not be
completely standardized.

But items that should be treated in a uniform and consistent


manner are included in the sample Agreement for Professional
Engineering Services between Client and Engineer

Provides a starting point

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http://www.acec.ca/business_resources/contracts_agreements.html 17
Would you sign a contract with this
clause?
The liability of each party with respect to a claim against
each other include direct damages as well as any
consequential or indirect loss or damage (such as, but not
limited to, claims for loss of profit, revenue, production,
business, contracts or opportunity and increased cost of
capital, financing or overhead) incurred by the other party.

77%
A. Yes
B. No 23%

Yes No

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Would you sign a contract with this clause?
ž PROPOSED: The liability of each party with respect to a
claim against each other include direct damages as well as
any consequential or indirect loss or damage (such as, but
not limited to, claims for loss of profit, revenue, production,
business, contracts or opportunity and increased cost of
capital, financing or overhead) incurred by the other party.

ž REVISED: The liability of each party with respect to a claim


against each other is limited to direct damages only and
neither party will have any liability whatsoever for
consequential or indirect loss or damage (such as, but
not limited to, claims for loss of profit, revenue, production,
business, contracts or opportunity and increased cost of
capital, financing or overhead) incurred by the other party.

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What else about liability…
ž Limitation of liability clauses should include:
— Time
○ For example “within 2 years of completion or
termination of the Services”
— Amount
○ Usually limits the claim by the client against the
engineer to the limit of available professional
liability insurance

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