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CA PE Act 6738

CA PE Act 6738

CA PE Act 6738

I'm working for a multi-disciplinary water resources firm in California and am looking for clarification on the Professional Engineers Act Section 6738- Engineering Business. I believe the company I work for currently satisfies 6738.a.1 (...A civil, electrical, or mechanical engineer currently licensed in this state is an owner, partner, or officer in charge of the engineering practice of the business) through our "highest ranking" engineer who holds title of CFO and Principal Engineer, and is also a shareholder in our company. However, this engineer answers to a CEO and other shareholders who are not engineers. It should also be noted that non-engineers in the company put out scopes of work and issue contracts without reference to the engineer in charge/of record and without receiving input from the engineering department (PE Act Section 6749- Written Contracts).

Recent discovery of Vestra Resources v Thompson (California Court of Appeal, 2008) as well as our delinquent need to fill out the Organization Record Form has raised questions on how California law views our corporate structure (not to mention how we prepare contracts). Any relevant experience out there that may shed some light on our situation?

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