PE liability
PE liability
(OP)
2 questions:
If you're a PE who knows you're going to be leaving a company in a year to go back to school, and the company doesn't know it, how would you approach sealing drawings for the remainder of time at the company?
How does the liability flow after you leave the company and are in school? The way I see it, if there was an E&O claim the company would assume the liability. Only if something were big enough that they had to go to court would you be summoned....and at that point they'd have to pay you to go to court. Correct?
If you're a PE who knows you're going to be leaving a company in a year to go back to school, and the company doesn't know it, how would you approach sealing drawings for the remainder of time at the company?
How does the liability flow after you leave the company and are in school? The way I see it, if there was an E&O claim the company would assume the liability. Only if something were big enough that they had to go to court would you be summoned....and at that point they'd have to pay you to go to court. Correct?





RE: PE liability
TTFN
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RE: PE liability
Mike McCann
McCann Engineering
RE: PE liability
RE: PE liability
If you have stamped plans and are not a partner, that is another issue. Again, you might want to check with the insurer of the firm you were employed with.
Mike McCann
McCann Engineering
RE: PE liability
I had a course in B&PL insurance last week and it was really an eye opener. Every policy has an inception date (generally the date you first bound coverage with a particular insurance company) and an end date (the date that the current policy expires). Each year you stay with a company the number of years that is covered increases by one. As soon as you change companies, the new inception date becomes the date you changed and you are self-insured from the date of the new policy back to the statute of limitations. This was really news to me and something to consider carefully before changing carriers.
David
RE: PE liability
TTFN
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RE: PE liability
HOW DOES THE LIABILITY FLOW AFTER LEAVING A COMPANY??
IF I GO BACK TO SCHOOL DO I NEED TO BE CAUTIOUS AND PURCHASE A PERSONAL LIABILITY PLAN?
RE: PE liability
E&O is errors and emissions. Your employeer may or may not have it, but in any case they can not make you pay for something you worked.
The good news is, if there is a problem and they call you to clarify something that you worked on, the minute is free, after that insist that they pay you to help them sort out the problem. If its litigation, then you can double what you were being paid before you went back to school.
Since this is an ethics fourm, you will need to ask your own lawyer for legal opions in your state, country, or where ever. Missing a number or specification is an error, but changing a number to make the cost go down or increase a bonus is willfull misconduct. Relax, go to school, you still have a life after work.
RE: PE liability
If you stamped a design, you are liable/responsible for it. For how long are your responsible? (I think is what you are asking.) The answer is, you are responsible for it until the statue of limitation runs out. How long is that? It depends on what it is, what happened, and which jurisdication the project is under.
Or, are you asking, "What are the chances that you will be dragged into a lawsuit?" If it is your stamp, I would think the answere is "It is possible." Since you don't have a lot of money, chances are, they won't go after you first - they will just include you because it is your stamp.
With regards to insurance, that depends on the policy. There are a lot of variances and types to go through.
Will they pay you to go to court? Are you kidding? Who is going to pay you? The people suing you won't be paying you. Your old company won't be paying you - you are no longer an employee (they may actually also be suing you to recover part of the damages, since it was your stamp). And I can't see your insurer paying you either (and they may be trying to find grounds to void the insurance on the grounds that you did something illegal or willfully wrong - eg. fraud).
Oh, one other thing. Most of the PEs, that I know, that stamp things, usually carry their own E&O insurance, for the particular situation you are asking about.
"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
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RE: PE liability
RE: PE liability
I would think that you were helping defend your employer, because you were not in error?
What would happen if the error was yours?
"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
Have you read FAQ731-376: Eng-Tips.com Forum Policies to make the best use of Eng-Tips Forums?
RE: PE liability
If the OP has stamped stuff he thinks might be construded as negligent, its to late to get insurance, gotta pray and wait for stutute of limitations (which dosen't exist in fraud) or raise a flag and correct things before he leaves.
Without trying to be rude; If you think you are going to make an error before you leave, best leave now and improve your education as a way to increase you belief in yourself. Also, what about stuff you stamped before today, why worry about the next few weeks or months?
RE: PE liability
Regarding a future lawsuit, it is unlikely that you would get paid since you would probably be named in the suit. The first thing you should have done, once your current firm asked you to seal drawings, was to find out what their E & O insurance covered.
It was my understanding, at the only firm I sealed drawings, that the firms E & O insurance would cover any legal fees I incurred in the future defending myself from a law suit filed regarding design work I sealed while with the firm.
RE: PE liability