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Structural Liabilities

Structural Liabilities

Structural Liabilities

(OP)
As an EIT working as a contract employee under the PE supervision, what degree of responsiblity does the EIT have if there is a lawsuit.

It is my understanding that whoever stamp the drawings is 100% responsible if something bad happens.  Is this correct?

 

RE: Structural Liabilities

Since you are working under the auspices and guidance of a licensed PE, you should fall under the umbrella of his liability (errors and omissions) insurance, assuming he has such.

Mike McCann
MMC Engineering
Motto:  KISS
Motivation:  Don't ask

RE: Structural Liabilities

Agree with Mike, except that you noted that you are a contract employee, so you might have assumed some contractual liabilities that you don't want. Make sure your contract limits your liability and make sure that either the engineer or his company indemnifies you against all claims.  If you can get it in the indemnification clause, include your defense of claims.  I wouldn't sign such a contract, but you never know!

Your supervising engineer takes on the statutory responsibility of engineering.  If you are performing services that might not be considered "engineering", then you could get brought into a legal quagmire for civil responsibility.

Can you be sued? Certainly!  Will you be held responsible? Who knows?!

Have an attorney review your contract with specific emphasis the assumption of liability by others.

RE: Structural Liabilities

I'm not a lawyer, but I'd feel comfortable if I were you.  If you are working for a engineer in private practice, I'd at least get onto your state website and confirm that his PE is active.  If you are working contract for a company, ask if you are covered under their umbrella policy.  I'd guess that you are covered.   

RE: Structural Liabilities

(OP)
Thank you everyone for your comments.

I will certainly make sure that I will be covered under his umbrella policy before I get involved in any project with him.

There are definitely gray areas working contract for a company than as a staff engineer.  I just wanted to make sure I protect myself from liabilities.

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