Watch Your Language

Attorneys warn managers in engineering/architectual firms to watch the language their employees use in conversations and emails. Specifically, words such as "ensure," "guarantee," and "expertise" can become problematic during a lawsuit. "Experts" have "experience" and never "guarantee" or "ensure" anything! Judges apparently equate "expertise" as prefect knowledge and performance. Anything short of perfection can cause a firm thousands or millions of dollars. Where is the responsibility of the buyer in realizing the possibility of materiel defects, weather delays, and computer glitches? Sure, we should all be accountable for our language and our behavior. Yet, it seems extreme to hold any uncontrollable lapse, gap, or condition against a person with "expertise" or "ensurance." When I hear "expert," I think of a reputable person who knows more in a field than most others--I do not think the person knows everything or that the person is perfect in all applicatble skills. I have watched enough television court cases over the years to know an expert witness for the prosecution is often countered by another expert witness for the defense! Language is not an exact science, any more than engineering or architecture are. Nonetheless, a good idea in any contract work is to define your terms.