WestCon Tribune

JULY 1999

JULY MEETING

STANDARD OF CARE - CONTINUED
CREATIVITY VERSUS RISK IN THE DESIGN PROCESS

Presented by Gene Bass, Attorney, Law Offices of Eugene L. Bass

The design professional often envisions an improved way of doing something but does not implement the improvement for fear that it has not been done before or that it is not the way that everyone else does it. The conflict between creativity and risk is ever present.

The July Westcon presentation will address the issues of creativity and risk in the design process. It will touch upon and continue Joshua Kardon's discussion of standard of care presented at our last month's meeting. The presentation will look at standard of care issues from the prospective of the attorney in the representation of clients in defense of claims of malpractice and in advising clients in ways of hopefully avoiding claims.

The topic will address factors to consider in making the decision to go with the new, untried product or design and in adopting innovation; and steps you can take to increase your protection from liability if you do want to be creative.

This meeting will also include the discussion of cases that have addressed the issues of standard of care so that we can relate them to a real situation that may be encountered in practice.

The concept of strict liability and warranty as it relates to conformance with the standard of care will be reviewed as it relates to developers, contractors and design professionals.

The objective of the presentation will be to impart some awareness that will enable a design professional to identify their balance point balancing between creativity and risk.

* * * * * * *

Eugene Bass is a registered civil engineer as well as an attorney. He graduated from Stanford University with both his undergraduate degree in Civil Engineering and his M.S. degree in Civil Engineering/Construction Management. While working full time as a civil engineer, he attended Lincoln University Law school at night and became licensed as an attorney in 1972.

After entering the full time practice of law in 1974, Mr. Bass became a partner in the Redwood City firm of Wilhelm, Hanson, Olson and Bass. He opened his own office in 1976 and has since represented owners, general contractors, subcontractors, material suppliers and design professionals, providing advice and assistance in transactions, general business and real mediation, arbitration and the courts.

Mr. Bass has been an arbitrator with the American Arbitration Association for many years, has served as a trainer with that organization and has participated in numerous arbitrations both as an arbitrator and in the representation of clients.

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