interaction 2017.pdf · valuable time and management skills to keep the administrative wheels...

InterACTION is a newsletter and does not represent the official position of the National Academy of Forensic Engineers.

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InterACTION The National Academy of Forensic Engineers • 1420 King Street • Alexandria, VA 22314

Spring/Summer, 2017

SEE YOU IN ATLANTA FOR NAFE’S 35TH

BIRTHDAY PARTY! MARRIOTT MARQUIS ATLANTA, GA

July 21-23, 2017 You will find the NAFE conference schedule and registration forms on the NAFE website, www.nafe.org.

PRESIDENT’S MESSAGE

By MIKE LESHNER

It is an honor to serve NAFE as its 34th president, joining a long line of distinguished individuals who have served and sustained the Academy, which celebrates its 35th Anniversary this year. While each president has brought their personal management style to the office, NAFE’s underlying mission has remained constant. We serve the public, the legal system and the Forensic Engineering community. The Academy is well served by its Board of Directors and Committee chairs. These individuals volunteer their valuable time and management skills to keep the administrative wheels turning, the conferences arranged, bills paid, and papers published. We have a Board of Directors who are dedicated to the success and sustainability of the Academy, work very well

together, and comprise a fine “bench” of next presidents. It is a pleasure to work with them. Special thanks to past president John Leffler for coaching me through my presidential duties.

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We are fortunate to have Art Schwartz as our Executive Director who has proven himself to be not only a very capable executive but a leading expert on engineering ethics, professional licensing and the intersection of engineering and the legal system. Accordingly, the Board has renewed and updated our agreement with NSPE to secure Art’s continuing services. Our Academy attracts the best and brightest, and you should be proud to be a participant. When I meet other NAFE members at our conferences twice each year, I am reminded that we share a common set of skills. Our technical expertise goes hand-in-hand with a knack for problem-solving, whether technical or otherwise. Forensic Engineering is more than a job – it is a lifestyle. We are priviliged to work in a field that offers immense satisfaction, excellent compensation, and lifetime learning. And we are not required to retire when our hair turns white. What a great way to earn a living and make a positive contribution! My journey with the Academy continues to be rewarding. Each incremental step of involvement in NAFE has rewarded double increments of benefit. As I gained experience and learned from NAFE peers, my forensic engineering consulting practice grew and became more robust. Most NAFE members report similar benefits to their practice as a result of their membership and more particularly, their participation. If you are new to NAFE, I encourage you to participate in order to enjoy the full measure of Academy membership. One good way to jump in would be to write a paper for the NAFE Journal. Or if you have a helpful idea, contact the relevant committee chair and volunteer. If you would like to lend your management skills to the governance of the Academy, you can petition to become a Director at Large or for another Board position. Twenty years ago when I attended my first Academy conference, I imagined that someday I might stand at the front of the room and be sworn in as an officer. I encourage you to imagine the same for yourself, and to make it happen. I hope to see you in Atlanta on July 21-23, 2017 for the NAFE Summer Meeting.

EXECUTIVE DIRECTOR’S MESSAGE By ARTHUR SCHWARTZ, J.D., CAE

The 2017 NAFE Summer Meeting is coming up very quickly - July 21-23, 2017 at the JW Marriott Marquis – Atlanta, centrally located in downtown Atlanta, Georgia. We anticipate another tremendous turnout of NAFE members, NAFE first-timers and guests, both nationally and internationally! As with all NAFE national meetings, there will be countless opportunities for great continuing education, networking, fellowship as well as great food and celebration. This year’s NAFE Summer Meeting will also mark NAFE’s 35th Anniversary of its founding. If you have not already registered, I invite you to attend this superb meeting. Among the highlights will include the following:

A Friday evening gala reception and dinner with the National Society of Professional Engineers (NSPE) at the Georgia Aquarium, and a Saturday evening reception and

dinner to commemorate NAFE’s 35th Anniversary;


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A productive Friday NAFE Board of Directors Meeting where membership,

professional, publication and other issues will be discussed and addressed;

A meeting of the ASTM E-58 Committee where key forensic issues will be discussed;

Excellent technical and professional presentations during the Saturday and Sunday

Regular and Special Seminars by NAFE members on a variety of important forensic

engineering topics with breakfast, lunch and breaks providing additional

opportunities for networking;

Continuing opportunities to network with “first timers’ as well as new members

from the Canadian provinces.

NAFE headquarters continues to be very busy with membership inquiries and renewals, CPD and other activities. We continue to explore opportunities for improvements and enhancements as we seek better and more efficient ways to serve you. The new NAFE logo which appears on the NAFE website continues to receive wide support and interest from many NAFE members. NAFE President Mike Leshner, NAFE President-Elect Marty Gordon, and NAFE staff were invited to and participated in the National Academy of Engineering (NAE) - American Association of Engineering Societies (AAES) Colloquium in Washington, DC, at which cutting edge technical and professional issues were presented and discussed. The following day, NAFE participated in the American Society of Mechanical Engineers (ASME) Public Policy Forum in the halls of Congress, where presentations were made by federal legislators and Congressional staff on pending legislation affecting the engineering profession as well as the public. NAFE was recently highlighted in a feature article in RCI Interface magazine. RCI is an international nonprofit association of professionals who specialize in roofing, waterproofing, and exterior wall specification and design. In addition, NSPE will be featuring NAFE and forensic engineering practice in an upcoming edition of PE Magazine. NAFE leaders recently began fruitful discussions with the Society of Automotive Engineers (SAE) to explore the possibility of having SAE include NAFE Journal articles on SAE’s robust online platform. I continue to receive a flurry of inquiries from attorneys, NAFE members and other interested in retaining the services of our expert NAFE members for various professional assignments. I routinely post these inquiries on the NAFE List Serve so that all NAFE members have an equal opportunity to review them, decide if they would be interested in pursuing the opportunities or recommend other qualified NAFE member for the assignments. So, if you are not on the NAFE List Serve, you need to be since the List Serve provides members with access to this information, share valuable professional and technical insights and pose important professional and technical practice questions. I continue to be very impressed how much NAFE members have been eager to share the benefit of their experience and expertise on the NAFE List Serve.


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I am also extremely impressed with NAFE members’ continued use of and access to the NAFE website, updating their personal and professional information, using the NAFE membership directory and the NAFE document library. Please be sure to “Save the Dates” for the following events NAFE events for 2018 and 2019:

The 2018 NAFE Winter Meeting will be held on January 12-14 at the Hyatt Regency

Phoenix in Phoenix, Arizona. Registration announcements and materials will be

available via e-mail and on the NAFE website following the 2017 NAFE Summer

Meeting;

The 2018 NAFE Summer Meeting will be held at Caesar’s Palace, Las Vegas, Nevada

on July 20-22, 2018;

The 2019 NAFE Winter Meeting will be held at the Wyndham Grande Orlando

Resort Bonnet Creek, Orlando, Florida on January 4-6, 2019.

If you have any questions or comments, please feel free to contact me at any time at 703-684-2845 or aschwartz@nafe.

SIXTY, FIFTY. FORTY…THIRTY-FIVE years….but not yet completed

By MARVIN M. SPECTER, PE-LS(NAFE #001FL) NAFE Founding Pres.1982;Exec.Dir.1999-2013 Pres. NSPE 1982: Co-Founder CESB 1990, Pres.1993 HIGHEST HONORS: The “NSPE AWARD” 1986 “Honorary-Distinguished Member” ASCE 2007. The “National Engineering Award” AAES 2013

Five or six decades ago, busy with engineering supervision of major projects, I began getting requests from lawyers and claims persons to investigate and testify on the engineering aspects of their pending cases. Soon I found that a few of them expected me (the newly arrived expert) to modify my analysis to their needs and support their case, omitting facts if necessary, and even giving erroneous conclusions in support of their clients. “NO WAY,” I would say, and refused those cases. Happily, I soon became sought by reputable legal persons who actually appreciated knowing the true and “Real” liability of their cases and valued the ability of an expert to explain such in the courts. For NSPE PEPP I then wrote a paper urging exemplary conduct by PEs when serving as Forensic Engineers. (This was published by NSPE originally, and now has been reprinted by NAFE) A lecture series was sponsored by NSPE PEPP with Paul Pritzker, PE and myself teaching a two-day session in each of 18 different cities. To our surprise 50 to 100 PE/FEs showed up at each session. These PEs had long been working in a professional vacuum, just doing what seemed right and professional to them. With installation as NSPE President pending, I determined to fill the FE vacuum. We then drafted Articles of Incorporation which were filed in DC on May 25th 1982. Invitations to the new “Academy” netted an early response of 100 + eager FEs, and the


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first meeting and seminar in San Francisco drew 90 of them. Thereafter twice per year, in conjunction with the NSPE, which made all of the hotel arrangements, we gave an all day ten CPD Seminar. These were increased by a second day seminar beginning in 1990 by Education Chairman Wt “Dusty” Yaxley, PE. The basic first day programs were openly peer reviewed, a synergistic process that effectively increased the cooperative attitudes for which NAFE became known. The span of these “Original” articles was published in the NAFE Journal and has reached 600 papers in 30 years, a substantial body of works in a hitherto unplumbed field. The second day’s run of seminars focused on discussions of many unpublished/unreviewed dissertations, and distribution was made only to actual attendees. The old era of UN- professional, often UN-ethical expert witnessing by engineers was bypassed by the success of the NAFE, now 35 years formally constituted, and by the NAFE teaching and urging truthful, complete, and competent FE practice. Praise and even honors have accrued and recognition received from within the engineering and legal communities. However every now and again the old troubles are seen from engineers operating in the legal system. We still need to be ever alert and to suppress those given to misadventure. The baton has been passed. NOW DO THE JOB!!

WOULD YOU LIKE TO BE AN OFFICER IN NAFE? By PAUL SWANSON, PE, SECRETARY

Every year, the NAFE membership has the opportunity to have a direct influence on the governance of the Academy through the election of Officers and Board members. Any Senior Member or Fellow may petition to have his/her name added as a nominee for any of the five Officer positions (Secretary, Treasurer, Vice President, Senior Vice President, President Elect). In addition, Members, Senior Members, or Fellows may petition for one of the two available Director-at-Large positions on the Board. Your participation in the nomination-election process is important. There is no set form for the nomination petition. It should state that it is a petition to nominate the candidate for the position sought on the 2018 Board of Directors. At least 10 voting members of the Academy (Member, Senior Member or Fellow) must endorse in a message of support (email is acceptable with NAFE number and grade), which may be one or more documents. The documents must reach the Secretary of the Academy, by July 12, 2017, 10 days before our summer meeting in Atlanta, Georgia. Please send petitions to the following address: Paul Swanson, P.E. 12916 Booth Road Lovettsville, Virginia 20180 540.822.5237 (h), 571.236.2609 (c) email: [email protected]

mailto:[email protected]


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EDITOR’S MESSAGE By PAM CURTIS, InterACTION Editor

If Joanne Specter looks apprehensive, it’s because she’s about to eat a bug! The Audubon Insectarium was only one of the interesting places some members of the National Association of Significant Others (NASO) visited in New Orleans in January. There I learned I’m allergic to crickets—no more “Chocolate Chirp” cookies for me! We shopped, ate, and toured Oak Alley Plantation. I hope to see another great turnout of SOs in Atlanta; we really do have a good time.

Before the January meeting, NAFE members and guests were able to tour the World War II Museum that is the most innovatively displayed collection I’ve ever seen. In Atlanta we have the chance to visit the Georgia Aquarium located in Centennial Olympic Park before the engineers begin their sessions. In addition to the aquarium, Atlanta’s attractions include the World of Coca Cola, The Martin Luther King, Jr. National Historical Site, the Atlanta History Center, the CNN Center, the College Football Hall of Fame, the Atlanta Botanical Garden, and many others. NASO will be busy as usual. We usually gather around 9am in the hotel coffee shop to chat and plan who’s doing what. As an extra inducement to attend the conference, to celebrate NAFE’s 35th birthday, there will be special pins for everyone while past presidents and other honorees will receive a mug decorated with the anniversary logo. I’m looking forward to catching up with old friends and making new ones, and I’m also looking forward to the birthday cake! NAFE members, please send your articles, milestones, anecdotes, etc. to [email protected]

Please also inform your significant other of our group. EDITOR’S NOTE: I eliminated the columns in this edition—do you like it this way or not? Please let me know.

OMNIA FORENSIS INGENARIAE RICHARD A. RICE, PE, now publishes OMNIA FORENSIS INGENARIAE (OFI) or All Things Forensic Engineering, a monthly newsletter that contains articles that will interest and inform forensic engineers. In addition to many technical articles in professional journals, Richard has also published a novel, To Be Made Whole Again. You can subscribe to Richard’s newsletter by going to www.mutualengineering.com. In the April and May issues of OFI, Richard writes of his friendship with Past President Jeff Armstrong and of Jeff’s grandfather, Dr. Ellis L. Armstrong, PE, whom he calls, “one of the most famous civil engineers in the 20th Century.” Those in attendance at the New Orleans Conference heard Jeff speak of his grandfather’s accomplishments in a


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fascinating after-dinner speech. For those of you who are interested in hearing from Dr. Armstrong himself, Richard has included the transcript of one of his speeches in both the April and May issues of OFI. Of Dr. Armstrong and his grandson, Richard writes: Dr. Armstrong's engineering work on the world’s most famous roads, dams and bridges, and the awards received for this work, make him a legend in the engineering world. While Dr. Armstrong may not have known it at the time, his investigative work on some of the most spectacular dam and bridge failures (caused by others) made him one of the first 20th century forensic engineers. It is no surprise that Jeff has followed in his grandfather's footsteps. (The photo shows Jeff Armstrong speaking about his grandfather.)

To give readers an example of what can be found in OFI, here is an excerpt from the April issue used by permission: USE OF ENGINEERING INTERNS The use of recently graduated engineering Interns is extremely vital in the less contentious and less adversarial "design world." It is in the "design world" where engineering interns learn the skills, and gain the knowledge to be licensed engineers. However, in

the "legal world" where things are very adversarial, one must ask: Is it wise to send an Intern to perform forensic engineering inspections? In my opinion, in most cases it is wise to ONLY send a PE on an engineering inspection involving an insurance/legal case. Should the case goes to trial or arbitration, whose testimony will have more weight: the engineering intern/non-engineer, or the licensed PE who is bound by ethics, laws and cannons? There are instances where electrical/HVAC or other seasoned trade technicians are sent out to gather facts for the PE to use to generate opinions. However, is this practice going to survive what appears to be a market trend? A Case In Point An insurance company recently rejected 20+ engineering reports from one forensic engineering firm because non-licensed engineers performed the onsite inspections. But, the reports were signed off by the manager with a PE license who was not part of any onsite inspections. The insurance company upper management were afraid that a judge would find the insurance company guilty of fraud by accepting these reports. Given the court decisions regarding fraudulent forensic engineering reports involving the Northridge Earthquake in California, Super Storm Sandy, and Hurricane Katrina, it is not surprising that insurance companies and insurance policy holders are holding forensic engineering investigations and reports to a higher standard. In Closing The trend for a higher standard for forensic engineering investigations and reports is upon us. Please share any instances where your company/law firm has a policy regarding the use of only licensed PE's for onsite forensic engineering investigations. Your policy will be published in OFI and on social media so others will learn. Also, please share any articles, claims or cases where the use of non-licensed personnel was an issue. Click Here to send your submissions. Thank you for taking the time to share.



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GOOD NEWS!

NAFE's Diplomate Forensic Engineer (DFE) certification program has been reaccredited by the Council of Engineering and Scientific Specialty Boards (CESB) until the end of 2021. In an April 13, 2017 letter, CESB Executive Director William C. Anderson, P.E., DEE advised NAFE Executive Director Arthur Schwartz, that the CESB Board of Directors approved reaccreditation of NAFE's DFE certification program when it met on March 29, 2017 based on documentation NAFE submitted on September 2, 2016. The CESB Board concluded that the NAFE DFE program was "adequately structured and is in substantial conformance with the applicable CESB Guidelines" as adopted by CESB on May 1, 2010. CESB advised that NAFE's reaccreditation will continue until December 31, 2021 as which time, NAFE will be again subject to the scheduled reaccreditation process. NAFE Past President Ross Curtis, P.E. (who also currently serves as CESB Treasurer) oversaw the successful CESB reaccreditation application process on behalf of NAFE with the strong involvement in completing the application by NAFE Past President Jeffrey Armstrong, P.E. At its recent March 29, 2017 Annual Meeting, NAFE President Michael Leshner, P.E., provided a seminar to CESB Program Administrators on NAFE's transition to the MemberClicks membership database. The Council of Engineering and Scientific Specialty Boards (CESB) is an independent, voluntary membership body created for its member organizations who recognize, through specialty certification, the expertise of individuals practicing in engineering and related fields. CESB, as an accrediting body:

provides criteria and guidelines for the establishment and operation of specialty certification programs for engineers, technologists, technicians, and related scientific;

serves as a recognized body for organizations that certify individuals;

represents its members in communications and in negotiations with public and private agencies, groups, and individuals with respect to matters of common interest;

informs employers, specifiers, public officials, the public, and engineering and related practitioners of the benefits of specialty certification.

For more information about CESB, please visit www.cesb.org

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IAN KAVENAGH: IN NEW ORLEANS ALL THE WAY FROM IRELAND

EDITOR’S NOTE: One of the benefits of attending an NAFE Conference is the chance to meet colleagues from other countries. Recent attendees have come from France, Canada, and now Ireland.

Ian Kavanagh is a Chartered Engineer, and a Member of Engineers Ireland and the Association of Consulting Forensic Engineers. He holds an honors degree in Structural Engineering, and a Postgraduate Diploma in Applied Building Repair & Conservation from the University of Dublin.

He spent the first part of his career as a structural engineer with Atkins Global, designing new-build and repair solutions for buildings. He also worked as a property damage Loss Adjuster with Cunningham Lindsey, and then as a Forensic Engineer specializing in personal injury and product liability cases. He is now the owner of Kavanagh Forensics, which has investigated property damage and liability claims on behalf of insurers and lawyers since 2013. He has prepared over 1,000 technical reports into the causes of failures and losses, and has given courtroom testimony in dozens of cases.

A COMPARISON OF THE PE AND CEng PROFESSIONAL TITLES By IAN KAVANAGH, CEeng

CEng is the abbreviation for a Chartered Engineer. It is the professional title awarded in Europe to engineers who have met the required professional standard. In Ireland, the awarding body is the Institution of Engineers of Ireland (known simply as Engineers Ireland). Their description of the award is that it is “a seal of approval by your peers that you have developed your ability beyond that achieved in your academic formation to that of a professional practitioner… you are reassuring the public of your respect and consideration for their society, their safety and their security”. As a result, it has the same intended function as the Professional Engineer title. But because of the different State licensing laws in the USA, there is no reciprocal agreement between Ireland and the USA for the PE and CEng titles. However, both Ireland and the USA are signatories of the Washington Accord, which means that both countries recognize each other’s accredited engineering qualifications as being equivalent.


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Engineers applying for the CEng title do not sit a written exam. Instead, they follow a structured training program (normally during the first 6 years of the career) to acquire the necessary breadth and depth of professional experience. They must first have achieved an accredited, honors, bachelors degree in engineering. Their professional experience must then have met the required standards for the following five assessed competencies:

1. Used general and specialist engineering knowledge.

2. Applied engineering knowledge to the analysis and solution of complex

engineering problems.

3. Provided technical, commercial and managerial leadership.

4. Used effective communication and interpersonal skills.

5. Demonstrated a personal commitment to the code of professional conduct.

Applicants must prepare reports to demonstrate how each of these five competences were achieved. During the years spent acquiring this professional experience, they must have completed 40 hours of CPD, per year. They must also prepare two essays, one on an engineering topic of their choice, the other from a varying list of topics. Their application must be supported by two Chartered Engineers who are familiar with the applicant’s experience. Finally, they will be interviewed by a panel of their peers, who are Chartered Engineers. A key focus of the interviewees is to satisfy themselves that the applicant is a ‘safe pair of hands’ that can be entrusted with their hard-earned professional title into the future.

LICENSING, CERTIFICATION, ACCREDITATION – WHAT’S IT ALL ABOUT?

By ROSS CURTIS, PE

And what do these terms mean for the Board Certified Diplomate Forensic Engineers (DFE) of the National Academy of Forensic Engineers (NAFE)? First off, all voting Members, Senior Members, and Fellows of NAFE are Licensed Professional Engineers (PE) and Board Certified DFEs. You might ask, “How did this happen, and what does it mean to me and to others, particularly my clients and potential clients?” Let me discuss each of these terms: PROFESSIONAL LICENSING (by individual States/Territories/District of Columbia) As professional engineers, we are either licensed, or registered, (depending on the jurisdiction that grants us the title of PE) and authorized by the issuing state/jurisdiction to practice engineering within that particular state in whatever discipline(s) that we are qualified and competent. The reason engineers are licensed is to insure that PEs have a minimum level of competency in order to protect the health, safety, and welfare of the public. Of course, as with all laws and regulations, there are some exceptions to the requirement for licensure, most notably for engineers that are in government or employed by certain industries.


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We are all familiar with the difficult and rigorous process of becoming a PE, starting with the general requirement of having graduated from an ABET accredited college or university with a degree in engineering or related field. Then the PE candidate must pass the written fundamentals of engineering (FE) test (8 hours) and when qualified, the written practice (PE) exam, another 8-hour test. Most states require that the individual must have at least four years of practice under the supervision of a registered/licensed professional engineer as an engineering intern (EI) before he/she can sit for the PE exam. Having done all this, the professional engineer is legally authorized to practice engineering in the jurisdiction granting the license, but ONLY in areas in which he/she is competent. Again there are exceptions, as a few jurisdictions allow PEs registered in States other than their own to practice on a limited basis without obtaining registration or licensing for their state, BUT there are States that are adamant that one must obtain their license before even soliciting work in their state. It is best to check with the individual Registration Boards to determine what their rules are. Some states issue licenses for specific disciplines of practice such as Civil, Mechanical, Agricultural, etc., but nowadays most issue general Professional Engineer licenses, and rely on the individual to determine for themselves what areas are their areas of their competency. The first state to pass professional engineer licensing laws was Wyoming, in 1907. CERTIFICATION (by NAFE) For us forensic engineers, being certified as a Board Certified Forensic Engineer means that in addition to meeting the minimum requirements for licensure as a PE, we also have met minimum standards and experience requirements that are relevant for the practice of engineering in support of the legal and jurisprudence systems. NAFE grants Board Certification to qualified individuals that have demonstrated expertise in the practice area of forensic engineering. According to the NAFE Articles of Incorporation, the Academy exists as an, “exclusively educational and charitable organization…to improve the practice, elevate the standards and advance the cause of forensic engineering…” In furtherance of this goal, and as stated on the NAFE website, nafe.org:

“The National Academy of Forensic Engineers and its members are committed to: Serving the public by advancing the ethical and professional practice of forensic

engineering; Serving the jurisprudential system by certifying individuals having achieved

expertise in forensic engineering; Serving Academy members and furthering the development of forensic engineers

through education and the publication of peer-reviewed technical literature.” Certification is the process by which NAFE identifies individuals that have demonstrated expertise in the practice area of forensic engineering. It must be clearly understood that


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certification by a non-governmental organization such as NAFE DOES NOT supplant or take the place of professional licensure/registration; it is in ADDITION to licensure. See NSPE Position Statement No. 1774, Use of Certification Credentials, at nspe.org, for additional information. ACCREDITATION (by the CESB) As it applies to NAFE, accreditation is independent third party verification that our certification program is credible and has merit. It is a validation of the certification program, verifies the value of the Diplomate Forensic Engineer Board Certification, and that the NAFE certification program conforms to standards established by the Council of Engineering and Scientific Specialty Boards (CESB). The CESB is an organization of organizations created in 1990 for the accreditation of engineering, scientific, and related certification programs. Individuals cannot be members of CESB. It is important to note that the CESB does not certify individuals in their various technical fields. In our case, that certification is provided by NAFE, and that certification process is accredited by CESB. The NAFE is our certifying board within CESB. Operating Procedure (OP) 10, NAFE Policy on Use of Titles, has guidance on how to properly refer to Board Certification in Forensic Engineering.

IF YOU SAY “ENGINEER IN MASSACHUSETTS, YOU’D BETTER BE LICENSED

By JOHN CERTUSE, PE

Several months ago, I was told by a local Registered Engineer that the Massachusetts P.E. Board issued complaints against one of his unlicensed engineers for using the title of “Engineer.” In accordance with CMR 250 5.04 at no time was this individual identified as a “Professional Engineer.” We also learned of a second electrical engineer from another firm being issued the same complaint. Immediately upon hearing of this and realizing that our firm employed such an individual, I changed this degreed electrical engineer’s designation to “Forensic Electrical Investigator.” Due to a forgotten company web page, however, we recently also received an identical complaint. Previously we were of the understanding that, as per Commonwealth of Massachusetts Regulation CMR 250 3.04 (9), engineering work must be performed only by or under the direct supervision of a Registered Professional Engineer and that we were in compliance. Prior to becoming licensed most of us were given the title as “Engineer” and worked under the direction of a Registered Engineer in full compliance with state law at that time.


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Although these complaints were dismissed, this recent interpretation and direction of the Massachusetts Board clearly indicates their direction that the title “Engineer” be applied only to a person who is registered in the Commonwealth of Massachusetts. EDITOR’S NOTE: See also the response to George Will’s article “Engineering Without License” by Kodi Verhalen PE, President of NSPE, in NSPE Communities of June 9, 2017..

KNOTT LABORATORY CELEBRATES 35 YEARS By DR. RICHARD ZIERNICKI, PE

Milestones During the Last 35 years

This year, Knott Laboratory celebrates 35 years in the forensic engineering business. Through the years, we have made a significant imprint in the fabric of forensic engineering in the United States. Our success is due to our talented employees and the application of the newest technologies in forensic engineering, as well as the results we have achieved working in high profile forensic cases. The following are just a few of the many significant projects Knott Laboratory has worked on over the years.

In the early ‘80’s Dr. Albert Knott, one of the pioneers of forensic engineering, worked as a prime investigator in the Kansas City Hyatt Regency walkway collapse which killed 114 people and injured over 200. When the Denver 16th Street Shopping Mall was built, Knott Laboratory’s expertise was called upon in a dispute between the contractors and the owner regarding the construction quality. After Denver International Airport construction costs sky rocketed, Knott Laboratory worked with the architect, Fentress Bradburn Architects, in a dispute with the city of Denver. The architect prevailed.

In the late 1990’s Knott Laboratory used pioneering computer visualization which utilized photogrammetry to reconstruct the Princess Diana car accident that happened in Paris France. Knott Laboratory’s findings were highlighted on several television stations, namely: NBC (“Dateline”), the Discovery Channel (“Unsolved History”), National Geographic, Fox News, Dr. Oz and all local Denver news stations.

Dr. Richard Ziernicki, P.E.


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Knott Laboratory’s expertise was also called upon to investigate when “Big Blue,” the tallest crane in North America, collapsed during the lift of a 400-ton section of a retractable roof. The roof bent in half and collapsed inside the new Miller Park stadium being built for the Milwaukee Brewer’s professional baseball team. Three workers were killed and five others were injured. When the Kansas City Hawthorn Power Plant exploded, Knott Laboratory’s expertise was utilized to find out the cause of the explosion which caused material damages of 621 million dollars. Knott Laboratory’s engineering analysis demonstrated the explosion was the result of an extraordinary sequence of errors by power plant personnel. In early 2004 Knott Laboratory was hired to investigate the highly-publicized car accident involving Dany Heatley and his teammate Dan Snyder of the Atlanta Thrashers hockey team. Dany Heatley slammed into a brick column supporting a wrought iron fence causing his Ferrari to split in half. Dan Snyder, the right front passenger fell into a coma and later died.

When Air France Flight 447 from Rio de Janeiro to Paris crashed into the Atlantic killing 288 people, Knott Laboratory was consulted regarding the physics of the accident. Just recently, Knott Laboratory engineers finished the analysis and reconstruction of a fatal accident involving NASCAR racer, Tony Stewart and pedestrian Kevin Ward, Jr. The President and CEO of Knott Laboratory, Dr. Richard Ziernicki, P.E. served eight years on the Board of Directors and in 2012 he served as the President of the National Academy of Forensic Engineers, the most prestigious forensic engineering organization in the world.


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Over the past 35 years, we have served thousands of clients, including United States Department of Justice, United States Department of Defense, National Highway Transportation Safety Administration (NHTSA), State of Colorado Attorney General’s Office and more…. We appreciate all our clients and the trust put in Knott Laboratory’s Engineers and Animators! We look forward to the years to come and continuing to provide our services from the cutting edge of forensic engineering in the United States.

NEWSBRIEFS--NAFE MEMBERS ARE ACHIEVERS! JOHN CERTUSE spoke to the Boston CPCU Society on April 5, 2017, on a forensic engineering approach to comprehensive frozen pipe investigations. John also spoke to the North Attleboro, MA, Fire Department about fires and explosions cause by heating system malfunctions. MIKE LESHNER, current NAFE President, presented a workshop titled “Introduction to Forensic Engineering” for the Maryland Society of Professional Engineers on February 23, 2017. Mike has practiced as an engineering consultant and expert witness since 1982. He has published more than a dozen peer-reviewed technical papers, holds 16 US patents, and is an officer on the ASTM E58 Main Committee on Forensic Engineering. STEVE D. KNAPP, PE, CFEI, CVFI was interviewed for a featured news story “Alternator Fires” that aired on Foc 31 News on February 5, 2017. BEN T. RAILSBACK, M.S., P.E. was interviewed for a featured news story “Are Colorado Roads Dangerous?” that aired on Fox 31 News on November 16, 2016. DR. RICHARD ZIERNICKI, PE, and ANGELOS G. LEILOGLOU, M.ARCH wrote“Newest Technologies Utilized in the Reconstruction of an Officer Involved Shooting Incident.” Journal of NAFE. (In print) Richard also presented “Heavy Trucks vs. Bike/Pedestrian Accidents—Application of Modern Technology” at the Association of Plaintiff Trucking Lawyers of America 2017 National Interstate Trucking Super Summit in Tampa, FL, on May 19, 2017. Knott Laboratory’s report used videogrammetry to show unique perspectives of a Boone County police involved shooting that aired on NBC WLTW5 News Channel on December 8, 2017.

interaction 2017.pdf · valuable time and management skills to keep the administrative wheels...

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