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ON THE MOVE CALLIE BENTON, P.E. EARNS DESIGNATION OF PROFESSIONAL ENGINEER IN TEXAS Callie Benton, a registered professional engineer in Louisiana and a member of the Fenstermaker’s Lafayette engineering team since June 2013, successfully completed all requirements to become a registered professional engineer in the state of Texas. Benton received her bachelor’s degree in civil engineering in 2013 from the University of Louisiana at Lafayette. Her responsibilities at Fenstermaker include

hydraulic and hydrologic modeling, flood remediation, drainage design, roadway design, and civil site design. Her experience includes project management in addition to public outreach coordination and development of various transportation, environmental, and construction documents. Benton has developed technical reports, construction estimates, provided flood- proofing recommendations, and obtained permits from various agencies.

Lafayette Engineering Director, Jeanne Arceneaux Hornsby, stated, “Callie is a valuable team member to the engineering division. She is hardworking and has a very bright future ahead of her.” Established in 1950, C. H. Fenstermaker & Associates, L.L.C. is a highly diversified, multi-disciplinary consulting firm. With a commitment to help its clients succeed, the firm specializes in surveying and mapping, engineering, and environmental consulting.

ROB HUGHES, from page 11

town have thrived. However, the recent, recurrent flood- ing has prompted both concern and action. The change in approach also necessitated a change in the design criteria; what was once acceptable is no longer so (i.e., storm-water has traditionally been piped directly into the bay or the ocean). From a legal and risk perspective, that means the standard of care has changed and is continuing to do so. As a design professional, you must meet the standard of care. If you were to design a home in Stone Harbor today based on acceptable foundation elevations from 1980, that would be unacceptable and a breach of the standard of care. Why? First and foremost, today’s building code requires a higher elevation; a failure to meet code requirements is typically viewed as a breach of the standard of care. However, codes oftentimes lag “best” or “reasonable” practices. Thus, you and your peers help establish the standard and often, with the aid of government officials, act to revise the code and building standards to catch-up with and reflect the concerns of the design community. For example, following Hurricane Harvey and repeated flooding, Harris County, Texas amended its regulations covering flood plain management to increase public safety and minimize losses due to flooding. A $2.5 billion bond initiative is now underway. Designers must carefully examine contractual language relating to the standard of care and changes in the code. The standard of care must be tied to the time during which you render services; the absence of a time reference leaves an open-ended issue that’s not in your favor. And be especially wary of language that ties the time to a later period, such as the end of the project or end of the statute of limitation or repose. The latter could impose a standard 10 or more years after you actually worked on your design. A related concern: language that obligates you to identify changes in the code post-project. You can be sure plaintiff’s lawyers (and their experts) will point to any changes in the code/regulations that may have prevented or limited a weather-related loss. As communities across the U.S. look for ways to protect themselves from the impact of large-scale weather-related events, design firms are well-equipped to help them meet this challenge. By managing their risks and carefully reviewing contractual language, they will enhance their ability to be rewarded for their efforts. ROB HUGHES is a senior vice president and partner at Ames & Gough. He can be reached by email at rhughes@amesgough.com.

❚ ❚ Flood damage assessments ❚ ❚ Structural integrity assessments ❚ ❚ Moisture intrusion analysis

For those firms entering the forensic arena, be well aware of the answer to a simple question: Who is your client? And understand your answer’s ethical implications. If you’re retained by an insurance carrier to evaluate the extent of property damage, the client’s interests may diverge from those of the property/policy holder. And chances are you’ve had direct interaction with the policyholder who may think you are his expert. This potential “conflict” is heightened if you are also recommending the scope and cost of repairs. “As horrendous as Florence was and continued to be in its immediate aftermath, a single event does not necessarily affect the design community. Yet, sustained increases in severe storms, as noted, do effectuate change, which brings both opportunities and risk.” Scrolling further through the Google search results are links to firms focusing on up-front, preventative architectural and engineering design services. An example of a recipient of such services is the New Jersey shore town, Stone Harbor. In December 2016, the town received a $2.7 million grant to fund storm water control and flood mitigation in the 96th Street business district, an area flooded during superstorm Sandy that also experienced severe flooding during subsequent “Nor’easters.” This area is one of only three ingress/egress points for car traffic into and out of the island, a critical safety concern. Neighboring towns to the south received a total of nearly $22 million in funding for similar efforts. A measurable portion of the scope of the studies and related funds go to environmental and engineering firms; a valuable revenue source spurred by public need. A job well done should be a source of pride for the engineering community. EVOLVING WEATHER RISK AFFECTS STANDARD OF CARE. Stone Har- bor’s 96th Street is near the bay and has always had some stormwater control issues; nonetheless, the street and

THE ZWEIG LETTER November 26, 2018, ISSUE 1273

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