The Legal Issues Of Engineering And Constructing A Microbrewery

Left to right: Berkshire Life Insurance Company Building, Berkshire County Savings Bank Building, First Church of Christ, Old Town Hall.

In Pittsfield Ma,From the construction and engineering of a microbrewery there are various areas where legal issues come into play in concept to conclusion. This article will try to outline some of the legal issues one must ponder while progressing through the entire technology and construction process of a brand new 15 barrel (bbl) microbrewery. The procedure will be divided up into two different sections – engineering design and structure.

Let us begin the engineering design process with the proprietor’s theory:”I want you to design a 15 bbl microbrewery for me”. As an astute engineer, you know that you need a written contract. This written contract must clearly contain several elements so as to be valid. These elements are: competent parties, agreement (offer and acceptance), thought, lawful purpose, and sort. The competent parties are the proprietor and you (or your own technology company). The arrangement would become your supply to engineer and design the microbrewery, and his acceptance would indicate and agreement. The consideration is that you receive a fee (for instructional functions let’s say you charge a set fee to design construction plans that will be accepted by the permit office for building. The owner’s consideration would be those completed building plans that are approved by the permit office, hence being prepared to use for construction. The contract must be for a lawful purpose, in this circumstance, the design and engineering of a microbrewery. The form, of course, are the written form outlining each of the above elements. Now, that the fundamental elements of the contract have been known, you must now work together with the owner to get some answers that can help you design this new microbrewery.

Considering that the microbrewery is going to be a 15 bbl system, you may need details such as:

What is the maximum yearly production capacity anticipated?

What kind of beer is going to be generated (ale, lager, stout)?

How will the beer be packed (bottles, cans, kegs)?

You are asking these questions because they’re essential to determine the size of their facility, as well as what special items have to be designed. By way of example, the proprietor says he wants to have the ability to brew and store brews a week. Recognizing that you now have to calculate enough space and equipment to handle a maximum annual capacity of 2250 barrels in 50 brewing weeks each year.

Calculation of Annual Production

System Size (Brewhouse Size) x Number of brews Each Week x 50 weeks per year = Annual Generation 15 Barrels (bbls) x 3 brews/week x 50 weeks/year = 2250 bbls/year

The owner also says he wants to brew both ales and lagers – 50 percent ale creation and 50% lager production. You also know that each kind of brew has another cycle for brewing, and so you will need a different number of fermenters each kind of beer.

14 Day Ales / 28 Day Lagers using full fermentation in fermenters Ales – 25 cycles / fermenter / year (50 brewing months / two week fermentation) Lagers – 12.5 bicycles / fermenter / year (50 brewing weeks / 4 week fermentation)

Ales: 1125 bbls / year / (15 bbls x 25 cycles/year) = 3 Fermenters Lagers: 1125 bbls / year / (15 bbls x 12.5 cycles/year) = 6 Fermenters Complete: 9 – (15 bbl) Fermenters to produce 1125 bbls Ales and 1125 bbls Lagers

This information will influence the dimensions of the microbrewery. You know that ales ferment ideally between 65 and 75 degree F, but you also know that lagers ferment below 65 degrees and has to age longer in lager tanks, so you need to add not only a”hot area” for brews but also a”cold room” for your lager tanks and dispenser tanks. The owner says that he wants to dispense the beers in 1/2 bbl kegs and 12 oz bottles. He also stipulates that he needs enough room to store a month’s worth of every type of container. So, according to this requirement you need to compute the space required for the bottling and kegging machines, in addition to the storage area for a month distribution of 1/2 bbl kegs and 12 ounce bottles.

Of course, you will have to find out the other prerequisites particular to the microbrewery, including water requirements, drainage, floor finish, electric, ceiling heights, venting, loading and unloading areas, etc.. Gradually but surely the picture of what needs to be made is coming together. As an engineer, then you will have to ask numerous questions, and receive answers to those questions, so you could clearly outline the specifications of what needs to be built from the contract. In addition, by obtaining these specifications in writing you are further removing any ambiguities there could be which could be used to not honor the contract, or which might be used against you if you have to go to court to resolve a contract dispute.

After several weeks of hard work

After a few weeks of difficult work, you complete the project, submit an application for acceptance, and they’re approved. You present the approved plans to the owner as consideration for your providers, and as consideration you are paid your commission.

After having been pleased with your design and technology services, the proprietor now asks you to be the general contractor for the construction stage of the job. He asks you to supply him with a bid as soon as possible. You call your providers to get prices, availability, lead time for delivery, etc.. You get bids from subcontractors for the respective trades like plumbing in pittsfield ma, electric, HVAC, flooring,.. etc). You decide on those subcontractors that you believe best fit your requirements.

Additionally, you’ve done your due diligence by ensuring all of your subcontractors are licensed, so that they are carrying their particular types of liability insurance, and that their workers will be covered in case of injury. As a general contractor, you, of course, should also be licensed, have liability insurance, surety bonds, workman’s compensation insurance, etc.. These are all tools that will help protect you lawfully in case any liability or injury problems arise during the construction of this microbrewery.

When preparing the contract for the bid (and the project ) you make sure that the specifications contain each the critical components for example: general provisions, the schedule of work, change order procedures, drawings, receipt and storage of materials, warranty on labour, guarantee on materials, methods of payment, procedure for lien release, etc..

Once you’ve gathered your information you submit your bidding, and also the proprietor accepts. Of course, there may be a number of distinct contracts involved here: the arrangement between the operator and you (the general contractor); the contracts between you and the subcontractors; along with the contracts between you and the suppliers.

Last, the very first building supplies arrive, structure begins, and within several months, you and your staff have assembled a new top notch microbrewery, including value to the neighborhood, the nation’s economy, in addition to placing a little money on your pocket.

Now, let’s review. Along the way there were several areas where you could have struck potential legal pitfalls. From the engineer role, you made sure that the contract included all of the elements required for it to be valid: competent parties, agreement (offer and acceptance), thought, lawful purpose, and sort. Additionally, dependent on the owner’s input, you created quite detailed specifications of this microbrewery design and you place it into writing. This helped stop any ambiguities involving what the owner wanted and what you believed the owner desired; moreover, you put the layout specifications in writing.

From the general contractor role, you had to deal with possible legal pitfalls between the arrangement between you and the owner, you and your subcontractors, along with you and you providers. You possibly had to encounter labor issues, liability issues, injuries, workman’s compensation insurance claims, incorrect construction supply deliveries, theft or damage of equipment or materials on the work site, or maybe even attractive nuisance issues. Anything you may have encountered as an engineer and as a general contractor you are aware that you are armed with the knowledge to jump over any legal problems you may encounter. It is time to have a beer!

He also brings his years of expertise, as well as, his real world, common sense strategy to consistently remain at the forefront of software development and deployment of contemporary business solutions. He’s fluent in Spanish and is studying Japanese.

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