Engineering Inc. - Spring 2020 - 45

HDR

50 years-with plenty of room for
growth ahead.
Thanks to an influx of new
technology firms, manufacturing
and distribution centers, and
increasingly affordable living,
North Carolina was ranked one
of the top three states for doing
business in 2019, according to
CNBC. The ranking considers
each state's workforce, economy,
and infrastructure. The state's
growing population-currently
at 10.5 million-is projected to
reach 10.8 million by 2021.
"With this surge in
population comes a surge in
new development and the need
for new infrastructure, new
and improved facilities, and
maintenance of existing facilities
and infrastructure," says Derek
Clyburn, ACEC/NC president
and senior vice president at
Engineering Consulting Services
(ECS Ltd.). "When it comes to
economic development in North
Carolina, consulting engineering
companies are at the foundation of
it, with ACEC/NC at its center."
Celebrating its 50th anniversary
last year, ACEC/NC includes
235 Member Firms representing
10,500 employees, up from 185
Member Firms in 2013. Member
Firms throughout the state
are engaged in a wide range of
engineering projects that propel the economy and safeguard the
state's quality of life.
The organization hosts a dozen major events each year for its
members, and its budget tops $1.2 million, double its $560,000
budget in 2013.
Furthermore, the state organization serves as a powerful
political voice for the engineering industry at the North
Carolina General Assembly.
MAJOR LEGISLATIVE ACHIEVEMENTS

Over the last decade, ACEC/NC has scored several major
legislative victories for engineers that have paved the way for
better business relationships with public and private clients.
One major win saw ACEC/NC lead a coalition of professional
service organizations in 2018-2019 that protected engineering

ACEC/NC AT-A-GLANCE
ACEC/NC's membership includes 235 firms representing
10,500 employees, up from 185 Member Firms in 2013.
In 2019, ACEC/NC celebrated its 50th anniversary
ACEC/NC is led by Executive Director and ExCom
NAECE Representative James Smith and President
Derek Clyburn, senior vice president at Engineering
Consulting Services

firms from onerous, third-party indemnification and duty to
defend requirements on both public and private contracts.
Third-party indemnification has dogged professional services
organizations such as engineering firms for decades. They
become particularly onerous when project owners pile on duty
to defend requirements where an engineer has to pay for the
defense costs of an owner regardless of whether the engineer had
any fault in the lawsuit.
"We were one of the first states, along with Indiana, that
actually got that protection for both private and public
contracts," says James Smith, executive director of ACEC/NC
and ExCom NAECE Representative. "Because it affects every
one of our Member Firms-that would probably be one of the
biggest achievements we have had.
"Particularly, small firms do not have the resources to do that,"
Smith says. "It could be a year or two before a lawsuit is settled,
and in the meantime, you could go bankrupt. Professional
liability insurance does not cover third-party lawsuits, so getting
rid of that was huge."
ACEC/NC also helped lead the effort (along with other
A/E/C industry organizations) to pass a bill that corrected and
eliminated the loophole in North Carolina's QualificationsBased Selection (QBS) law. Most states such as North Carolina
have mini-Brooks Acts that mirror but customize the federal
QBS legislation. However, North Carolina allowed public
entities to opt out of using the Act and QBS in project
solicitations.

"We were one of the
first states, along with
Indiana, that actually
got that protection
for both private and
public contracts."
JAMES SMITH
EXECUTIVE DIRECTOR
ACEC/NC
EXCOM NAECE REPRESENTATIVE

SPRING 2020

ENGINEERING INC.

45
Engineering Inc. - Spring 2020

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