IEEE Consultants' Network of Long Island

Gas Leaks - John Dunn, Consultant, Ambertec, P.E., P.C.

In an interview on FM radio station WNYC's program "Morning Edition", a reporter from The New York Times was discussing some issues in connection with the gas explosion of March 26th that destroyed several buildings in lower Manhattan.

At this writing, there are missing people and loss of life is feared.

Please see:  Gas Explosion  

Some personal incidents:

1)         We have gas service in our home and one day, I detected a faint gas smell in our basement right near to our gas meter. I called the gas company who sent a man right over and when he applied a soapy solution over the nearby pipes, there was a spot with bubbles! There was indeed a gas leak there and he set about repairing it right then and there, commenting as he worked that he was surprised that I had detected it.

I was surprised at his surprise.

2)         I was taking a neighborhood walk one evening when I passed by this house about three blocks from my home and just for a moment, I caught a smell of gas which very quickly vanished. I started pacing back and forth in front of that house and as I did, the odor came and went several times over. When I got home, I called the gas company and reported the incident for which they thanked me.

The house is still standing so I guess they fixed the problem.

3)         My in-laws in Brooklyn loved gardening, but they had this one little patch of ground where nothing would grow. There was no apparent reason for this, but it was a condition that persisted for years until one day, someone smelled a gas odor. The gas company sent someone over who successfully found and fixed the gas leak.

Subsequently, that patch of ground became plant habitable.

The reporter whom I mention above commented that very often, people will smell gas somewhere and NOT say anything about it. They know that there's a gas leak someplace, but they do NOT call the gas company to report it. For some incomprehensible reason, many people do not treat such a matter as cause for alarm.

Don't be one of them. If you ever smell a gas odor, CALL THE GAS COMPANY.

Please!!

Consulting Agreements and NDAs - John Dunn, Consultant, Ambertec, P.E., P.C.

A short while ago, I was engaged by this one client to analyze a power supply problem. It wasn't a big deal. It turned out from just a few quick calculations that his line frequency rectifier and filter capacitor combination didn't have enough capacitance. There was so much ripple across that capacitor that it "bottomed out" the following linear voltage regulator. This was so obvious that I just simply got into it and gave this guy his answer without first getting the contractual stuff in place. My bad.

Next thing I knew, this guy comes up with a "Non-Disclosure Agreement". In my view, that document was pretty much on a par with The Code of Hammurabi. I couldn't accept what was in there but this guy wanted to insist on it so I let that client go.

While this might not be truly an "analog" matter, I do analog stuff so let's just say that it is.

Recently, I have been presented with a number of objectionable consulting agreement documents. Some of them were called "non-disclosure" agreements, but they entailed a whole lot more than a promise not to tell anybody anything. Some of them were very lengthy. Some of their contents were as follows.

First example (This is from the case above that prompted me to write this essay.):

"Each party agrees that the other party shall not be liable for any damages or injury, unless caused by willful misconduct or gross negligence. Each party shall not be responsible for, or have any liability for, any damages or injuries caused by any inaccuracy, incompleteness or any other error concerning the Confidential Information, unless caused by willful misconduct or gross negligence."

So who is going to pass judgment on what constitutes "willful misconduct or gross negligence", some kind of mediator? Perhaps an arbitrator? Perhaps a Harvard MBA? Perhaps a judge or a jury?

 

Second example (This document ran to seven pages.):

"During my engagement with the Company and for a period of one year after the termination of my engagement with the Company for any reason, I shall not, on my own behalf, or as owner, manager, stockholder, consultant, director, officer, or employee of any business entity (except as a holder of not more than one (1%) percent of the stock of a publicly held company) participate, directly or indirectly, in any capacity, in any business activity that is in competition with the Company."

So who is going to determine which future client of mine is a competitor of "the Company"? My whole consulting business could be shut down if I agreed to this.

 

Third example (This document also ran to seven pages.):

Contractor shall be solely responsible for any injury to or death of persons and damage to or destruction of property resulting from Contractor's performance of the Services hereunder.  Contractor hereby agrees to indemnify and hold "XXX" harmless from any and all liability (including reasonable attorneys' fees and court costs) arising from the acts, omissions, negligence or willful misconduct of Contractor and its Representatives in connection with the performance of the Services.

So now I'm in the insurance business? So who is going to determine that a calamity was the result of the "Contractor's performance" as opposed to the company's performance? Agree to indemnify and hold harmless? I think not.

Please see:  Hold Harmless and Indemnify

 

At this point of my life, having recently completed my seventh decade, I am tired of encountering would be clients who want to yank me around. It may be tantamount to professional suicide, but I will no longer entertain serving any would be client who presents me with any stuff like this.

Those clients with whom I have actually worked these last several years never did so and the results have been and continue to be good for both sides.  

Quod ita sit. (Have courage.)

 

Funny Stuff Keeps Showing Up - John Dunn, Consultant, Ambertec, P.E., P.C.

For that price, they can't make sure the handles will stay on??  Talk about having to be careful:   

 

Cheap at twice the price:  

 

Good advice??

 

Fuel pricing:  

 

Seen at a garden supplies store: