Richard A. Rice, PE - Editor
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The sexy topics of "Subrogation" and "Statute of Limitations" are in the news this month. While it appears that OFI is making fun of these subjects, every lawyer and adjuster knows, and every forensic engineer should know, that the way you handle these issues means losing or gaining big money. Woe unto the forensic engineer who thinks they do not need to concern themselves with these issues.
The National Academy of Forensic Engineers (NAFE) summer conference is this month in Buffalo, NY. Forensic Engineers from around the world and from various engineering disciplines come together to critique papers given by their colleagues. For more information on the NAFE summer conference,
Click Here
. What to know more about NAFE?
Click Here
.
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Fatal FIU Pedestrian Bridge Collapse (UPDATE)
My presentation at the National Society of Professional Engineers (NSPE) conference in Las Vegas, NV is still scheduled for Thursday, July 19, 2018 at 3pm in Caesars Palace. I will be speaking on my forensic investigation into the 2008 Atlanta Botanical Garden pedestrian bridge collapse, and will be offering my thoughts on the Florida International University (FIU) pedestrian bridge collapse that occurred on March 15, 2018.
Here is a teaser -
Before the information blackout by the National Transportation Safety Board (NTSB), The Miami Herald gathered numerous design and construction documents on the FIU bridge. They engaged the services of four engineers to review these documents and comment on the design of the ill fated FIU bridge. Let me give you a hint of their findings with an old engineering joke:
What do you call someone who wears a belt
AND
suspenders to hold up their pants? Answer: A structural engineer.
Still don't understand? One word:
Redundancy
.
For more information on the NSPE conference,
Click Here.
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Again, thank you. If you have suggestions for OFI, please
email
me any time.
Sincerely,
Richard A. Rice, PE
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Subrogation...Texas Style!!!
A great article on the updates in subrogation in Texas that could effect other jurisdictions.
Click Here
.
Are You Guilty of Bad Faith? The Statute of Limitation May Not Apply
The Colorado Supreme Court has ruled that an insurer cannot argue that the Statute of Limitations has run out if they are found to be acting in bad faith. I smell a precedent.
Click Here.
South Carolina Changes "200 Years of Common Law"
It appears that the South Carolina Supreme Court has changed the long established attorney/client relationship when the client is an insurer.
Click Here
City of Atlanta Sued Due to Bad Sidewalks
Apparently, someone does not like the way the city of Atlanta provides access to the disabled...and they are doing something about it. In my humble opinion (IMHO), many governments are lazy about adhering to the ADA and other requirements.
Click Here.
New Scaffolding Rules in NY
It has been repeatedly written that falls are the leading cause of deaths in the construction industry. New York is putting more liability on site owners and contractors to do more for employees.
Click Here
Texas Lawyer Gets Five Year Sentence For Fraud
Unbeknownst to many homeowners, an attorney in Texas was filing hail damage claims on their behalf. Very naughty.
Click Here
Contractors Acting as Adjusters in Canada
Just like in the US, contractors in Canada give opinions and advise to homeowners that only an adjuster should give. What was particularly funny in this article was this quote comparing US and Canadian adjusters:
"
A Canadian insurance adjuster is actually a much more educated, well-rounded insurance professional.”
Really?
Click Here.
Florida Extends Statute of Repose for Construction Claims
A change in the law that actually helps both sides of a construction claim. Florida has extended the statute of repose for construction claims so defendants can bring in others that the plaintiffs knew nothing about.
Click Here.
Litigation Funding - Big Returns for Some
It is unethical, and outright damnable, for an engineer to provide any engineering services on a contingency basis. This is especially true for engineers providing expert witness services. As a forensic engineer who routinely requires retainers before working on a case, I found this article interesting. It seems there are those, like billionaire George Soros, who are fronting money to plaintiffs in exchange for a good return. You never know where your retainer could be coming from.
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I have the privilege to work with many great forensic experts in the United States, Asia and Europe in the fields of Accident Reconstruction, Electrical Failures, Mechanical Failures just to name a few disciplines. Please allow me to refer to you one of these court tested experts for your next insurance claim or legal matter. There is no charge to you. I do not get a finders fee from anyone. This is my way of helping you. Plus, I can help my Forensic Engineering colleagues. Please
email me
or call 404.395.7441.
Note:
No warranties, expressed or implied, are made to the suitability of any expert referred to you. Do your homework to make sure you have the right expert.
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Richard A. Rice, PE is President and Forensic Engineer for Mutual Engineering, Inc. - MEI. Because of 30+ years of continuous civil/structural design services, and his early and continued exposure to his friends and families many construction businesses, Mr. Rice is uniquely qualified to provide Civil/Structural Forensic Engineering services to the insurance, legal, and construction industries. Services include building design and construction, roadway design and construction, building inspection and code compliance, building/foundation collapse, construction site incidents, and other property loss subjects. Mr. Rice is a licensed professional engineer in several states, and a Fellow and Board Certified Diplomate of the National Academy of Forensic Engineers (NAFE). Mr. Rice has written a novel and numerous technical articles published in professional journals for NAFE, the National Association of Subrogation Professionals (NASP), and the Georgia Defense Lawyer Association (GDLA). Please call/email Mr. Rice or visit his company's webpage:
Richard A. Rice, PE - Civil/Structural Engineer
Mutual Engineering, Inc. - MEI
(Phone): 404.395.7441
MEI has recently moved. The new address is:
Mutual Engineering, Inc. - MEI
13009 Panhandle Road
Hampton, GA 30228
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Thank you for Your Time and Your Trust!!!
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