Engineering or Consulting
Engineering or Consulting
(OP)
I have a scenario that I would others to weigh in on. It's completely hypothetical, but led to a debate among peers.
Scenario:
Worker "A" provides calculations for a project that Worker "B" stamps with the P.E. seal. Worker "A" does not work for Worker "B" or his firm.
Did Worker "A" provide engineering services or consulting services?
Could one argue Worker "A" simply did math?
Scenario:
Worker "A" provides calculations for a project that Worker "B" stamps with the P.E. seal. Worker "A" does not work for Worker "B" or his firm.
Did Worker "A" provide engineering services or consulting services?
Could one argue Worker "A" simply did math?
RE: Engineering or Consulting
I think the argument that worker A "only did" math is a bit disingenuous. They didn't just solve math problem out of a textbook, it seems like they did engineering calculations. Like most things, I think you'll find the answer is "it depends".
RE: Engineering or Consulting
The way that PE laws are written, usually, implies that the objective is to prevent unlicensed engineers from doing work for the general public; otherwise, all engineers would be required to be licensed, regardless of who they sell the services and work products to.
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
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RE: Engineering or Consulting
A provided both. As an engineer, anything A does that is technical in nature is engineering. Doing so for another company is consulting. Outside of project management process, companies generally hire consulting engineers to solve a specific problem (usually bc they dont have the experience or ability to), not to teach them how to solve an engineering problem.
If this is another instance of folks being confused as to what is allowable within the limits of a PE license I would recommend they take a 100-series intro to engineering or intro to engineering ethics course. As mentioned, unlicensed engineers selling services to another company is fine stateside. Selling services to the uneducated masses legally known as the public is not. B is also fine to stamp A's work regardless of their separate employers, however B is under a legal and ethical obligation to be an experienced expert capable of reviewing A's work.
RE: Engineering or Consulting
So if my friend is a lawyer and gives me free advice at the local pub was he providing legal services or advice?
RE: Engineering or Consulting
RE: Engineering or Consulting
RE: Engineering or Consulting
The moment an engineer begins reviewing a problem they are engineering, regardless if its to put together a free quote or submit a final report.
The govt/courts and bar association dont give two dams where your friend is located nor his relationship to you if its proven that your friend did something illegal or unethical. LOTS of work is done in pubs, particularly sales. The moment a lawyer begins discussing legal matters with anyone they are bound by the laws and association ethical requirements, same as when an engineer starts considering a problem, or any other professional does work within their field.
RE: Engineering or Consulting
This statement may or may not be true, depending on the "responsible charge" provisions in the applicable jurisdiction (as IRStuff alluded).
I don't think the 'it's only math' argument holds. As soon as A assumes a parameter, or chooses an equation to apply, that becomes engineering. (Separate from, but potentially in addition to CWB's argument, which I agree with).
----
just call me Lo.
RE: Engineering or Consulting
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm
RE: Engineering or Consulting
Did A do engineering? Yes.
Did A provide consultation? If they were hired by B to solve a specific problem for which they were uniquely qualified and B needed their assistance, yes. (This seems doubtful since B then had to seal the work...)
Did A simply do math? Only if B put a series of equations and values in front of A and had them work the calculator without engaging their brain.
RE: Engineering or Consulting
I was just curious to see other points of views, especially from engeers, that rarely agree on anything!
RE: Engineering or Consulting
RE: Engineering or Consulting
RE: Engineering or Consulting
You can have the smartest 3rd party perform calculations. They are meaningless if based on the wrong context. If I hire a consultant to calculate 2+2 for me, the result likely will be correct. But what if my original question was wrong and the design should have required to calculate 3+2?
the design should be split into meaningful sections and separately stamped. The next designer bases their design on the previous design. For example, a structural engineer designs a footing based on certified geo testing and so on. The structural engineer doesn't just hire the geo contractor and certifies the entire design, they will have a disclaimer that it is based on the geo designer's certified tests.
Or a lighting designer will place EXIT lights based on the architect's egress plan. The lighting designer doesn't take responsibility for that egress plan being correct. Unless we talk about a very obvious error on the previous design.
RE: Engineering or Consulting
My company does this, for real. It's more complicated than the model you propose, however.
In the OP's model, we take the place of "Worker A". We are managing the project, our engineers do the "analysis" but in most cases it is tests that our engineers prepare and execute. In some domains we can approve our own engineer's work but in my business there are a lot of sub-specializations, and when we need one of those, we hire "Worker B" as a consultant to us. They review the work according to their specialty and accept the results. (They are usually involved early on to also accept the test methods, apparatus, and criteria to pass, too. When they are satisfied with our test results, they sign off on the items related to their specialty, and we move on with our final approval phase of the whole project where the rest of us approve the rest according to our specialty. For us, "Worker B" is a consultant, with a specific project contract.
That turns the OP's model upside-down.
All parties are doing engineering work, and all of us need to be engineers, licensed accordingly, etc.
RE: Engineering or Consulting
Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?
-Dik
RE: Engineering or Consulting
How does liability work in your business? Has anyone in your business ever been sued or had a product failure (not the same thing btw)? Does everyone involved carry professional liability insurance?
RE: Engineering or Consulting
Not in my experience, but I have heard of it happening. My brushes with the law have been over ownership rights, not liability/blame.
or had a product failure (not the same thing btw)?
Of course. Stuff happens. There are a lot of checks and balances in aero, and AFAIK the chain of responsibility is more clearly laid out in law (not just regulation) than it is in other industries. In my context, product failure occurs >99.9% due to shortcomings in performance or lifetime of a product or part, and discovered by the certification process before entering service, or by maintenance or operations personnel, removed from service, before becoming the <0.1% of a much more unpleasant outcome. Note that in my previous reply, I was referring to multiple engineers involved, examining each others' work, with overlapping realm of experience and responsibilities. We're aiming for full coverage here, and given the redundancy built into our author/checker/approver cycle, there are lots of overlaps, with the intent of not missing anything.
Does everyone involved carry professional liability insurance?
We all have it, like every practicing engineer should.
RE: Engineering or Consulting
Sounds like you guys are pretty organized. The answer to the question "what happens when someone gets sued?" in the construction industry is that everyone and their dog gets named in the lawsuit. At my old firm, we got named when we built the parking structure next door to the building which had an issue, as did the marketing company (and obviously the architect, general contractor, HVAC guy, etc etc). And everyone has to contribute to the settlement to make it go away.
RE: Engineering or Consulting
I have signed and sealed one time in the past for someone else on a 2 story Church for a simple and straightforward project (about 15 beams). I wouldn't consider doing it for anything bigger than that due to liability. Worker "A" didn't just do math because engineering is more complicated than equations and numbers.