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Dear PENC
Member,
The purpose of this newsletter is to focus on one of your most important member benefits: Public Policy Advocacy.
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Countdown to May 6 Primary
A few weeks ago the front page of the News and Observer read, "NC Primary takes on meaning: Tight races give state's votes weight." This year there are a multitude of crucial races that will affect North Carolina. Not only are we electing a President, but we are also electing a Governor, a US Senator, a Supreme Court Justice, six Court of Appeals Judges, all thirteen members of the US House, the entire Council of State, and the entire General Assembly. It is more important than ever for us to vote on Election Day.
Year after year, North Carolina ranks as one of the worst 15 states for voter turnout. About one million voting-age citizens are not registered. But unlike 2004, when primary turnout was only 16% of registered voters, the State Board of Elections expects a turnout of 38% to 46% and possibly 50% in some precincts. North Carolina's 5.8 million voters will likely top 6 million by November! I encourage you to visit www.sboe.state.nc.us/Voterlookup.aspx to check your voter registration. If you are not registered to vote, join the 5.8 million of us that are and sign up today!
With the May 6th Primary only one week away, NOW is the time to make sure you are registered and ready for Election Day. And, if you want to avoid the possibility of long lines or other problems at the polls, take advantage of one-stop voting. Your local polling place has early ballots available for distribution now so you can register and vote in the same day. Learn more about one stop voting.
This is a historic year in North Carolina so don't miss out on the excitement. Remember, every vote counts!
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North Carolina Court Upholds Contracts That Limit Liability
In a case of great interest to design professionals, the North Carolina Court of Appeals has ruled that a risk allocation provision in a contract for surveying services is not against public policy. ACEC/NC, PENC, NSPE, AIA, and other interested organizations filed an Amicus Brief in support of the limitation of liability language and urged the Court of Appeals to reverse the ruling of the trial court. The Professional Engineers of North Carolina believes the court's decision upholds the right of professionals to enter into contracts on their own terms.
In 2004, the defendant, Neal Smith of Neal Smith Engineering Inc., contracted with the plaintiff, Blaylock Grading Company LLP, for a family housing construction project at Fort Bragg. The contract included a risk allocation provision that limited all claims to $50,000.
Blaylock sued Smith after Smith mistakenly set the benchmarks for the complex higher than specified in the design plan, which required Blaylock to import fill to raise the elevation of the site. Blaylock said the mistake caused more than $600,000 in additional costs.
In 2006, a trial court ruled that the risk allocation provision of the contract was against public policy and void, and a jury awarded Blaylock $574,714 in damages. On appeal, however, the North Carolina Court of Appeals said the provision was not contrary to public policy. In its decision, the court wrote, "People should be entitled to contract on their own terms without the indulgence of paternalism by courts in the alleviation of one side or another from the effects of a bad bargain."
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If you are not already registered to vote - do it today! For additional information on public policy issues including state and federal candidates, Engineers Day and the Engineers PAC of NC, please call me at 919-424-4412 or email bbailey@penc.org. |
Sincerely,
Betsy Bailey
Professional Engineers
of North Carolina
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Rescheduled! ACEC/PENC's Engineers Day at the NC General Assembly
New date to be announced soon
NC General Assembly, Raleigh, NC
Breakfast Beginning at 7:30 am Followed by Visits to State Legislators
Additional information will be available in April.
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Contact
Us
Professional Engineers
of North Carolina
920 Main Campus Dr.
Suite 101
Raleigh, NC 27606
Phone: (919) 424-4555
Fax: (919) 424-4401
Web Site: www.penc.org
E-Mail: exec@penc.org
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