Another Q' - Non Technical (Liability as Approving Official)

[BatMan]

Hello again,
I'd like to hear what others think about reviewing and approving design/construction documents (not as building official, but as owner/developer/someone who puts out a contract). If submitted drawings/calcs are sealed by the contractor, is ultimate liability on the contractor or approval official (ie. If I put out a contract then reviewed and accepted the design which was sealed by a contractor, is the liability on me as someone who has reviewed and accepted the plans or still on the contractor who have sealed the documents?). I guess this is similar to building official who reviews and approved plan. Thank you guys as always for great feedback!

 

[JAE]

What do you mean by "sealed by a contractor"? I didn't know that contractor's (i.e. those who build buildings) sealed plans. Are you saying a PE working for a contractor?



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[BatMan]

Yes, contractor (or sub-contractor) as in a PE/SE hired to provide design. I know that design consultants refer to contractors as those who are in constructions but in some govt. agencies (federal), they call contractors who provide designs and/or construction (some call them consultants).

 

[thaidavid40]

When I worked at NASA, our approval of a sub-consultant's (contractor's) design did not imply that we were relieving them of the need to furnish construction documents which were prepared to the customary standard of care for engineering design services. Errors in the documents that were of a material nature were to be addressed by the contractor, and corrected, so as to complete the construction in a safe, appropriate, and usable manner. We (NASA) did not take on the liability for errors and omissions in documents furnished by contractors. And as such, we required the contractors to maintain E&O insurance coverage of a sufficient level, which was a change from previous years, where such was not required, as the government was considered "self-insured".
Dave

Thaidavid

 

[JStephen]

The answer could vary some depending on the contract used, the nature of the review, the nature of the liability in question, etc. It's a vague question, so you're going to get vague responses.

Generally, the one sealing the drawings and calcs would be the one responsible for the adequacy of them. But the owner or one hiring that engineer/architect is going to specify to a greater or lesser extent what is desired in that design. And the scope of that design may be limited in various ways as well.