Risk Management Convocation 9/11 Responders and the Structural Risk Involved. Presented by: Michael De Chiara, Zetlin &

1. CASE Risk Management Convocation 9/11 Responders and the Structural Risk Involved. Presented by: Michael De Chiara, Zetlin & De Chiara, LLP Daniel A. Cuoco, PE, Thornton Tomasetti Ramon Gilsanz, PE, SE,Gilsanz Murray Steficek Joseph F. Tortorella, PE, Robert Silman Associates May 1, 2009 Austin, Texas

2. Response at Ground Zero Structural Engineering Challenges Presented by: Daniel A. Cuoco, P.E. President, Thornton Tomasetti

3. “No Good Deed Goes Unpunished” Clare Boothe Luce

4. Collapse Site – September 12, 2001

5. New York City’s Response Mayor’s Office of Emergency Management, through NYC Department of Design & Construction, immediately retained: For Debris Removal & Construction Operations • 4 major Construction Management firms • AMEC • Bovis Lend Lease • Tully Construction Company • Turner / Plaza Construction Companies For Structural Engineering Operations • Thornton-Tomasetti • SEAoNY Teams

6. Images at Ground Zero

7. Three World Financial Center

8. Winter Garden

9. Structural Engineering Challenges • Emergency damage assessment of buildings in the immediate collapse area • Identify unstable areas • Develop temporary stabilization procedures • Identify safe locations for heavy equipment, design reinforcement and grillages • Develop and coordinate survey monitoring program • Inspect over 400 buildings in the area surrounding the collapse site • Detailed investigation of damaged buildings

10. Crane Location Plan

11. 300-ton Crane in Plaza Area

12. 800-ton Crane at Slurry Wall

13. Slurry Wall Location

14. Liberty Street – October 7, 2001 • Fill excavation with sand • Install dewatering wells • Install tie-backs

15. The Result • Safety • Schedule • Cost

16. The Road to Insurance Coverage • December 2001 – Annual Meeting of Design Professionals Risk Control Group • January 2002 – Joint Senate and House of Representatives on behalf of General Contractors Association of New York • April 2004 – FEMA Insurance Coverage Announced

17. WTC Captive Insurance Company • December 2004 – $1 Billion funding by FEMA • Provide broad third-party liability coverage, including general, marine, environmental, and professional, for claims (other than workers comp and disability claims) against the City and the contractors arising from their activities during the WTC debris removal project. • Not a Victim’s Compensation Fund

18. The Current Challenge • Defend against plaintiffs’ allegations that the City, its contractors, and other defendants were negligent in that they failed to provide a safe workplace, failed to warn workers at the site, etc. • Mayor Bloomberg’s recommendation (supported by the WTC Captive Insurance Company): re-open the Victim’s Compensation Fund, allocate the Captive’s $1 Billion to pay claims, and eliminate liability for the City and its contractors for any current or future claims. • Enact legislation to protect emergency responders.

19. Response at Ground Zero Logistics of Responding Presented by: Ramon Gilsanz, PE, SE Gilsanz Murray Steficek

20. “If we want to go fast, we go alone. If we want to go far, we go together.” African Proverb

21. Timeline • September 11th – In the afternoon, SEAoNY unsuccessfully attempts to make contact with the authorities. • September 12th –SEAoNY accesses the site and obtains permission for structural engineers to have access. • September 13th – SEAoNY engineers start going to the site. • September 14th- SEAoNY response organization is fully staffed and running. • SEAoNY engineers work around the clock through January 9, 2002.

22. SEAoNY Release Form

23. Awareness I understand that by volunteering to provide these services and by my presence in the area of the World Trade Center, I expose myself to dangerous conditions and risk of injury. In the event that I suffer any injury (whether physical injury, emotional injury, loss of property, death or any other type of injury or loss), I release the Association from any and all liability for such injuries. I further understand that I shall not be entitled to Workers Compensation benefits thru the Association because I am a volunteer and not an employee of the Association.

24. CM Sector Map

25. Engineering Organization Chart

26. Map of Sectors for Inspection September 17 & 18 – Rapid Building Evaluations (371 buildings) One inspection team assigned to each sector

27. SEAoNY Inspections No Damage Moderate Damage Major Damage Partial Collapse Full Collapse September 21 Detailed Building Evaluations of buildings rated Yellow, Blue, or Red (31 buildings)

28. Debris and the Salvage Yards • SEAoNY volunteers monitored steel debris as it arrived at the salvage yards & helped to identify material from the impact zones • SEAoNY engineers also recorded/gathered hundreds of hours of video and thousands of photographs in an attempt to fully document the collapses and the recovery operations

29. FEMA – BPAT Report SEAoNY contributions: CH 4 – 7 & Appendix D & F

30. NIST – WTC Study

31. NYC Building Code (version of IBC)

32. Engineering Firms Named in Lawsuits Arup Bechtel Construction, Inc. (case dismissed) Buro Happold Consulting Engineers Ewell W. Finley, PC Gilsanz Murray Steficek, LLP Goldstein Associates, PLLC Mueser Rutledge Consulting Engineers Parsons Group Leslie E Robertson Assoc, RLLP/LERA Liro-Kassner, Inc. Lockwood, Kessler & Bartlett, Inc. (LKB) Lucius Pitkin, Inc. M.G. McLaren PC Meridian Construction Group, LLC MRA Engineering, PC Robert Silman Associates, PC Simpson Gumpertz & Heger Inc. Skidmore, Owings & Merrill, LLP (A/E Firm) Thornton Tomasetti Group (LZA) Vollmer Associates, LLP (now Stantec) Weidlinger Associates, Inc. WSP Cantor Seinuk

33. Lawsuits • Personal Injury Lawsuits • Conspiracy Theory Lawsuits • Insurance Subrogation Lawsuits

34. Liability Coverage • Captive Insurance – time limitations as well as limitations of location • Professional Liability Insurance • Individual Firm Responsibility • Deductible • Independent Lawyers

35. State and Federal Immunities • Fall 2006 – US District Court denied motion to dismiss and for summary judgment • Fall 2007 – Appeal to US Court of Appeals for the Second District. • Spring 2008 - US Court of Appeals upholds the District Court’s denial. • Fall 2009 – Earliest possible date in which US District Court could resolve immunity issues.  • May 2010 – Trial date for individual cases.

36. “Direct or Control the Site” • March 28, 2008 – Structural Engineers filed a motion for summary judgment • August 26, 2008 – Court denied the engineers’ motion and requested more information • January 5, 2009 – a discovery schedule was established • December 14, 2009 - second decision

37. Let’s work together to improve this situation

38. Engineers Action Plan • Create awareness within our Profession • Develop awareness outside of our Profession – the public. • Call, write or email elected officials to get the message out.

39. Work with the Press and Media • Engineering News Record; June 28, 2007, Engineers Seek Immunity in Disasters, by Nadine Post, http://enr.ecnext.com/coms2/article_nefiar070620a • The Daily News; January 28, 2008, Editorial, No Good Deed….. http://www.nydailynews.com/opinions/2008/01/28/2008-01-28_no_good_deed_.html • The New York Times; February 23, 2008 For Engineers, a Cloud of Litigation After 9/11, by Jim Dwyerhttp://www.nytimes.com/2008/02/23/nyregion/23about.html?_r=1&scp=1&sq=for%20engineers,%20a%20cloud%20of%20litigation%20after%209/11&st=cse

40. Lawyers…

41. Response at Ground Zero Liability Protection for Engineers Presented by: Joseph F. Tortorella, PE, VP, Robert Silman Associates

42. “We are made wise not by the recollection of our past, but by the responsibility for our future.” George Bernard Shaw

43. Engineers do whatever it takes to make things happen. • Engineers are team players - problem solvers - volunteers

44. Over 11,000 Potential Cases • Approximately 17,847 total Plaintiffs • (11,102 first named and 6,745 derivative Plaintiffs) • 5,013 uniformed NYC workers (NYPD, FDNY, DOS) • Other groups of Plaintiffs include: • Non-uniformed NYC workers; • Uniformed Non-City workers • Government workers (non-NYC and Non-Uniformed) • Insured Contractors • Non-Insured Contractors • Utility workers • Building Cleaners and • Others (including Local Union workers, Volunteers, Red Cross, Retired, Self-Employed, etc.)

45. “My boss won’t let me volunteer again…” Mississippi, Bay of St. Louis, 2005

46. “I’ll have to call my lawyer….” “…California Supreme Court gave its state law a disturbingly narrow interpretation that could discourage future good Samaritans from providing help out of fear of being sued.” The New York Times; January 3, 2009http://www.nytimes.com/2009/01/03/opinion/03sat2.html?_r=1&scp=1&sq=I'll%20have%20to%25

47. The West Coast Method In areas of seismic activity, PEs who are trained as "Disaster Services Volunteers" are officially activated by the local jurisdiction. Thus, a Professional is provided limited immunity from liability by both state and federal statute.

48. Good Samaritan The good Samaritan doctrine is a legal principle that prevents a rescuer who has volunteered to help a victim in distress from being successfully sued for 'wrongdoing.' The good Samaritan acts without expectation of compensation.

49. Emergency Responder Emergency Responder legislation would protect design professionals hired to provide professional services responding to a disaster, from lawsuits that attempt to make engineers responsible for work outside their scope or expertise, or for providing services in good faith under emergency conditions.

50. Will disaster relief work sustain a firm with over 500 active clients?