Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Contract Engineering topic
No spam. Unsubscribe anytime.
Planning board conditions contract signature on revised liability language in SFC Engineering agreement
Summary
Board reviewed an SFC Engineering contract that adds driveway-inspection duties and standard rates; members raised concern about section 10.1 capping aggregate liability at task-order compensation and moved to authorize the chair to sign the contract once that language is resolved with the firm's representative (motion passed 6–1).
The Brentwood Planning Board reviewed a proposed town-engineer contract with SFC Engineering that includes driveway-inspection work and standard fee provisions. Jeff Murphy, president of SFC Engineering, described the firm’s willingness to follow the town’s expectations for inspections and noted the contract contains standard language used by the firm elsewhere.
Board member Paul Kleinman flagged section 10.1 as written: he read aloud that the clause limits SFC’s “aggregate liability for any and all claims shall not exceed the total compensation paid to SFC under the applicable task order.” Paul and other members said that cap could leave the town under-protected if a substantial error occurred and proposed adding a proviso preserving coverage to the extent a claim is covered by insurance.
Jeff Murphy said he would discuss the suggested language with his legal team. Several board members expressed a desire to move forward but not to sign until that language is clarified. Bruce moved to authorize the chair to sign the contract once section 10 is resolved with Paul Kleinman; the motion passed on a roll-call vote of 6–1 (Liz opposed).
The board also clarified driveway-inspection timing (inspections at subgrade before paving rather than after asphalt) and discussed expert-testimony rates and the contract’s standard hourly fees for litigation-related testimonial work. The chair or authorized signatory will execute the contract after staff and the firm agree to the revised section 10 language.
Next steps: Jeff Murphy will consult his legal team; Paul and SFC will work to agree specific language to add the requested insurance/exception language to section 10 before the chair signs the agreement.
