Does a Design Professional Owe a Duty to Third Parties?
In Uncategorized onRead moreMost design professionals believe the client is the entity they have agreed to perform services for on a particular project. Indeed, it is hard to fault a design professional for holding this view, given the client ultimately sets the parameters for a project and is the party the design professional has contracted with.
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Claims Retrospective: Document Construction Observations and Inform Your Client
In Uncategorized onRead moreOne way to avoid claims is to avoid bad, or problematic, clients. Before entering a contract for services, engineers should always take time to adequately vet clients.
What Does an Engineer’s Stamp or Seal Really Mean?
In Engineers onRead moreIf a group of engineers were polled regarding what it means to stamp or seal plans and drawings, the common response would hopefully be the same—the engineer stamping or signing the plans and drawings is in responsible charge of and/or has direct supervision over the work contained in those plans and drawings.
Claims Retrospective: Document Construction Observations and Inform Your Client
In Claims onRead moreAn engineer performing construction observation services should always document their site visits and forward the documentation to their client.
Claims Retrospective: Remember, Your Subconsultant’s Work Is Your Work
In Claims onRead moreEngineers frequently subcontract a portion of the design work they are responsible for to a subconsultant. However, engineers should realize they will remain responsible to their client for their subconsultant’s work product. In other words, if their subconsultant’s work is defective or fails to meet the applicable standard of care, the engineer will be liable to the client.
Beware of Indemnification Clauses–They Can Expand Your Liability and Take Away Protections
Read moreMost engineers have been instructed multiple times to view indemnification clauses that run in their clients’ favor with skepticism and to approach them with caution in contracting. For the most part, the instructions and warnings concern indemnification clauses that can lead to uninsured exposure on the part of engineers. Under typical professional liability policies, there is no coverage for liability, especially the liability of others,…
Although Often Sought by Overreaching Claimants, Betterment Is Typically Not Recoverable
In Claims onRead moreWhen there is a problem with a construction project, the property owner often tries to obtain the highest amount of damages possible. It is not unusual for the owner to calculate damages based on a different, better design with materials or products the owner did not actually contract for, even if the design, materials, or products were initially rejected by the owner as too costly.
Claims Retrospective: Construction Observation versus Construction Inspection—More Than Just Semantics
In Claims, Construction onRead moreDepending on the type of project, an engineer may be involved in construction administration services. These services may include observing the ongoing construction at certain intervals to become generally familiar with the progress on the site.
Be Familiar with the Grounds for Challenging Expert Testimony
In Claims onRead moreLitigation against an engineer will almost always involve expert testimony. Not only because it is required, but to establish the standard of care that is applicable to the expert and any possible breach of that standard.
Claims Retrospective: A Licensing Proceeding Can Be a Precursor to a Claim
In Claims onRead moreIt is hard to think of anything that could be more detrimental to an engineer’s practice than losing his or her engineering license. Therefore, suspension or revocation of one’s license is often (and rightfully so) an engineer’s first concern upon receipt of a licensing complaint.
