PE doing work under co. owner's Home Inspection License
PE doing work under co. owner's Home Inspection License
(OP)
I am a PE doing work in NY for a home inspection company as my second job. The owners want me to sign my name on the inspection reports that are delivered to the buyers, and place the owner's home inspector's license number under that. They claim this is perfectly legit under the PE exemption of the Home Inspection Licensing Act. They also claim that my license would be protected under the owner's professional liability insurance, even though neither my license number nor name is listed on his policy. Reading the FAQs on the NYS Office of the Professions site (referenced) leads me to believe that this is not legit and that my PE license cannot be insured under the owner's HI license.
One last thing...the business cards the company gave me identifies me as a PE and shows my license number.
Smells fishy...does anyone else agree?
One last thing...the business cards the company gave me identifies me as a PE and shows my license number.
Smells fishy...does anyone else agree?





RE: PE doing work under co. owner's Home Inspection License
Mike Halloran
Pembroke Pines, FL, USA
RE: PE doing work under co. owner's Home Inspection License
I checked with the NYS licensing board and they referred me to the law and the Home Inspection Board.
While not a lawyer, I believe the law allows PE's to conduct partial home inspections if they are doing the work tied to their primary professional engineering duties. I think this is the PE exemption, not doing it as a primary function but for example, inspecting a structural member.
I honestly don't think the the exemption applies to this circumstance, I don't think your insurance will cover you and I don't think their insurance will cover you because (I assume), you will be a subcontractor.
Their insurance might cover you if you were their employee, if which case why do they have to use your PE license number?
They may honestly feel their interpretation is correct but I don't.
Ask them if they will give you money to pay for you to hire a lawyer to review everything and to give you an opinion.
Or check with the PE Licensing Board.
I would not do it. Nationally, ASHI (www.ashi.com) stated years ago that 25% of home inspectors are sued (I think), you may want to check with them.
Good luck.
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
Thanks again, everyone!
RE: PE doing work under co. owner's Home Inspection License
It sounds as though the company wants to use your designation at a PE to make its services seem more technical or at a higher degree of competence than its "home inspector" competitors without the benefit of an engineering license. Unless they make you an officer of the corporation and qualify it as an engineering business entity, then that is illegal in many states. NY is a progressive licensing state, so I would expect it would be illegal there, but you should check.
Also keep in mind that when you identify yourself as a PE, you are held to a higher standard of care than a "home inspector", because of your greater educational requirements and rigorous licensing. It takes more be a PE than it does to do a bunch of home inspections by an ASHI checklist and then take their exam. There is no parity between the designations. All of that increases your personal liability, not just that of the company.
Bottom line....if they want to use your PE designation, have them qualify properly through the state, indemnify you for your professional actions, and compensate you accordingly. Otherwise, don't use the PE title or provide engineering services on their behalf.
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
Good luck and congrats on recognizing a bad situation.
RE: PE doing work under co. owner's Home Inspection License
"I don't understand your excuse. You promised this would not happen again. the other PE's employed by this co. never had issues with us and they are PE's. If you're uncomfortable with a specific job, you should let me know. Did something happen in the field that I'm unaware of? I now look like an ass for re-hiring you. This was your only alternative to quit? I am totally unaware of this law that you're reading about and not happy at your approach on the phone."
This confirms that I am doing the right thing. If you question someone who is doing something wrong, they always get defensive. Should be an interesting week! Thanks again for all your input.
RE: PE doing work under co. owner's Home Inspection License
a) The homeowner's are paying your employer for the services, so that's where they will go first with any complaints.
b) They can also go after you, since you are prominently identified on the reports that your employer supplies to the homeowners.
c) See if your employer's insurance covers you under its umbrella. Ask for a letter stating such from the insurance carrier.
d) If the employer's carrier won't cover you, ask your employer to compensate you for a personal insurance policy.
e) Let the employer worry about whether they are in conformance with the law in how they provide their services to their customers, as I don't feel this issue affects you directly.
Regards.
RE: PE doing work under co. owner's Home Inspection License
As the only licensed engineer in that company, he would be expected to make sure the company is in compliance with the engineering licensing statute, so he cannot just plead ignorance if the company decides not to comply with the licensing law. He is the de facto qualifying agent for the company.
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
As far as letting my employer worry about the legalities, as a PE I feel like I should hold ethics above all else, and if my employer is using me to do something that is unethical or illegal, then I would expect that I would be just as accountable for it. Not to mention that my conscience would just not allow it!!! I am not the only PE in the company, however, there are 3 more who are seemingly ignorant of the law based on what they've been told by the employer. It hurts to see it happen, really.
Here is the language directly from the State:
"If the PE is holding himself out to the public as an engineer by having "PE" after his name, or his engineering license number on his business card, or any other type of print or electronic advertising that will identify him as an engineer then he should not be working for an "INC" or any other firm that is not authorized to provide engineering services. If the individual does not hold himself out in any way as an engineer then he can work for this home inspection firm but he MUST have his OWN home inspectors license which he can automatically get because he his a PE. He must file an application with DOS. He cannot work under the owners home inspectors licence. He needs his own license as well."
My mother always told me, if you feel like you are doing something wrong, you are. I feel much better since resigning. Thanks again to all who provided valuable input!
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
RE: PE doing work under co. owner's Home Inspection License
His head was spinning worse than mine. IF you don't understand it or get it in writing - get out....