How long is an Engineer liable for the design of a structure?
How long is an Engineer liable for the design of a structure?
(OP)
this question came up in the office today and it seemed worthy of a post after quick search returned no related answers.
I am guessing that design life would be a big consideration... But I'm not exactly sure on how/where the design life gets legally established.
there must be a statute of limitations. can't be liable for perpetuity.
Any info is appreciated.
I am guessing that design life would be a big consideration... But I'm not exactly sure on how/where the design life gets legally established.
there must be a statute of limitations. can't be liable for perpetuity.
Any info is appreciated.





RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
There's a statute of limitations and a statute of repose. In some states there are different terms -- statute of limitations for patent defects and another for latent defects.
In my state, it's 4 years for obvious stuff, starting at completion. Time re-starts, though, when defect is first noticed and documented. Hidden stuff is 10 years, and time does not re-start.
Your state may vary. Call your lawyer.
Good on ya,
Goober Dave
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RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
I think that once the magic word of negligence is used, all bets are off as far as time.
When I first saw your question, I thought you meant liable with regards to answering questions. We answer questions for free anything we've designed ever (almost 80 years), although I very seldom get a question on a structure that old.
RE: How long is an Engineer liable for the design of a structure?
No. No. No.
It is an engineer's obligation to know this and asking the question in this forum is appropriate. As others have noted, use the proper terminology and ask your state board of engineers or look it up in your state laws, which are usually available online.
The overall responsibility lies in the "statue of repose" as others have noted. Be aware of the differences between the "statute of repose" and the "statute of limitation" and how each are applied...they are different, but can become intertwined. Also be aware of how your state board defines negligent practice.
In my home state, the statute of repose is 10 years (down from 15 years almost 5 years ago).
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
It's OK to ask us for the answer that's in the code, or to look up the answer in the code. In my state, they're each about four lines long and easy to understand. In fact, I was taught about them in college long ago.
It's another issue to know how the codes are applied in court. Case law is the in the lawyer's realm, not readily available to us.
Or, as someone else suggested, ask the liability insurance company. That's paid for in your premium, and they should be experts...
Good on ya,
Goober Dave
Haven't see the forum policies? Do so now: Forum Policies
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
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Of course, not suggesting that this should replace the advice of an expert but should get you in the right direction.
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
Hasn't changed any in the 30+ years I've had my license.
And as for the Minnesota legislature moving the goalposts, well, can you expect anything different from those who have the ball and make the rules? Except for change, nothing is permanent.
Mike McCann
MMC Engineering
http://mmcengineering.tripod.com
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
RE: How long is an Engineer liable for the design of a structure?
As an example, suppose you design a light-gage infill wall section with a stucco cladding and fail to consider that the limitation for stucco deflection is L/360. Further, consider that you have a statute of limitations of 4 years and a statute of repose of 10 years.
The stucco experiences deflection in its 11th year from wind loads that do not exceed the design wind loads but are higher than the building has ever experienced before. The stucco cracks excessively from the additional deflection and water intrusion from the cracks is more than the water-managed waterproofing can handle, causing interior damage.
The statute of limitation is out the window since even if not discovered in 4 years or at some point when it should have been known, it is past the statute of repose, which controls. The statute of repose has passed so design defects are out the window as well because the issue was not discovered within the time frame.
Some legal decisions have gotten around these with some smoke and mirrors, but generally that's the premise.
RE: How long is an Engineer liable for the design of a structure?
Thanks for the detailed explanation.
So does it mainly protect you from serviceability issues? What about something more serious like an undersized beam that fails/collapses?
Or what about a scenario where a building structure has performed satisfactory for years, but for whatever reason, an evaluation is performed by another engineering group that determines that some major components didn't meet code when originally designed, don't meet code now, and costly repairs are recommended due to safety concerns? What either of those clauses save the original engineer from a claim?
RE: How long is an Engineer liable for the design of a structure?