In the engineering and construction of a microbrewery there are numerous areas where legal issues come into play from concept to completion. This article will attempt to outline some of the legal issues one must consider while going through the engineering and construction process of a new 15 barrel (bbl) microbrewery. The process will be divided into two distinct sections: engineering design and construction.
Let’s start the engineering design process with the owner’s concept: “I want you to design a 15 bbl microbrewery for me.” As a shrewd engineer, he knows he needs a written contract. This written contract must clearly contain several elements to be valid. These elements are: competent parties, agreement (offer and acceptance), consideration, lawful purpose and form. The competent parties would be the owner and you (or your engineering company). The agreement would be your offer to design and engineer the microbrewery, and your acceptance would indicate an agreement. The consideration would be for you to receive a fee (for instructional purposes, let’s say you charge a flat fee to design the building plans that will be accepted by the building permit office. The owner’s consideration would be the completed building plans that are accepted by the permitting office, thus being ready for use for construction. The contract must be for a lawful purpose, in this case, the design and engineering of a microbrewery. The form, of course, would be the written form that describes all The above items Now that the basic elements of the contract are known, you now need to work with the owner to get some answers that will help you design this new microbrewery.
Since the microbrewery will be a 15 bbl system, you may need details such as:
What is the maximum expected annual production capacity?
What type of beer will be produced (ale, lager, stout)?
How will the beer be packaged (bottles, cans, kegs)?
You are asking these questions because they are necessary to determine the size of the facility, as well as what special features need to be designed. For example, the owner says that he wants to be able to brew and store three beers a week. Knowing this, he now must calculate enough space and equipment to handle a maximum annual capacity of 2,250 barrels in 50 weeks of brewing per year.
Calculation of Annual Production
System Size (Brewhouse Size) x Number of cooks per week x 50 weeks per year = Annual Production 15 Barrels (bbls) x 3 cooks/week x 50 weeks/year = 2250 bbls/year
The owner also says that he wants to brew both ales and lagers: 50% ale production and 50% lager production. He also knows that each type of beer has a different brewing cycle and therefore needs a different number of fermenters per type of beer.
Calculation of the Number of Fermenters
Annual production capacity of 2,250 bbl (50% Ale, 50% Lager)
14 day Ales / 28 day Lagers with complete fermentation in fermenters Ales – 25 cycles / fermenter / year (50 brewing weeks / 2 weeks fermentation) Lagers – 12.5 cycles / fermenter / year (50 brewing weeks / 4 weeks of 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 Total: 9 – (15 bbl) Fermenters for produce 1125 bbls Ales and 1125 bbls Lagers
This information will affect the dimensions of the microbrewery. You know that ales ideally ferment between 65 and 75 degrees F, but you also know that lagers ferment below 65 degrees and need to age longer in lager tanks, so you need to add not just a “room room” for beers but also a “cold room”. ” for beer tanks and dispensing tanks. The owner says he wants to dispense the beers in ½ bbl kegs and 12 oz bottles. He also stipulates that he needs enough space to store one month of each type of container. Therefore, Based on this requirement, you must estimate the space required for bottling and barreling machinery, as well as storage space for a monthly supply of ½ bbl barrels and 12 oz bottles.
Of course, you will need to find out the other specific requirements of the microbrewery, such as needs for water, drainage, floor finish, electrical, ceiling heights, ventilation, loading and unloading areas, etc. Slowly but surely, the image of what should be designed is being formed. As an engineer, you will need to ask many questions and get answers to those questions so that you can clearly outline the specifications of what is to be built in the contract. Also, by getting these specifications in writing, you further remove any ambiguity that may exist that could be used to break the contract, or could be used against you if you have to go to court to resolve a contract dispute.
After several weeks of hard work, he finishes the project, submits the plans for approval, and they are approved. You submit the approved plans to the owner as consideration for their services, and your fee is paid to you in return.
Having been satisfied with your design and engineering services, the owner now asks you to be the general contractor for the construction phase of the project. He asks you to provide him with an offer as soon as possible. You call your suppliers to get prices, availability, delivery time, etc. Receive offers from subcontractors for the various trades (plumbing, electrical, HVAC, flooring, etc.). You choose the subcontractors that you think are best suited to your needs.
In addition, you have done your due diligence in making sure that all of your subcontractors are licensed, have their own forms of liability insurance, and that your workers are covered for injuries. As a general contractor, you, of course, must also be licensed, have liability insurance, security bonds, workers’ compensation insurance, etc. All of these are tools that help protect you legally should liability or injury issues arise during microbrewery construction.
When preparing the contract for the bid (and the work), you ensure that the specifications contain all the critical elements, such as: general provisions, work schedule, change order procedures, drawings, receiving and storing materials, warranty labor, warranty on materials, payment methods, link release procedure, etc.
Once you’ve collected your information, submit your offer and the owner accepts. Of course, there can be many different contracts involved here: the contract between the owner and you (the general contractor); contracts between you and subcontractors; and contracts between you and your providers.
Finally, the first building materials arrive, construction begins, and in several months, you and your team have built a new, top-of-the-line microbrewery, adding value to the community, the nation’s economy, plus investing a bit. of money. in your pocket.
Now let’s review. Along the way, there were several areas where he might have run into potential legal hurdles. In the role of engineer, you ensured that the contract contained all the necessary elements for its validity: competent parties, agreement (offer and acceptance), consideration, lawful purpose, and form. In addition, based on the owner’s input, he drew up very detailed microbrewery design specifications and put them in writing. This helped to avoid any ambiguity between what the owner wanted and what you thought the owner wanted; plus, you put the design specs in writing.
In the role of general contractor, you had to deal with potential legal issues related to the contract between you and the owner, you and your subcontractors, as well as you and your suppliers. Possibly you had to deal with employment problems, liability issues, injuries, workers compensation insurance claims, construction supply misdeliveries, theft or damage of materials or equipment on the job site, or maybe even attractive annoying problems. Regardless of what you have encountered as an engineer and as a general contractor, you know that you are armed with the knowledge to jump over any legal issue you may encounter. It’s time for a beer!
