Liability 1

[superceltic]

I am currently a fully qualified chartered structural engineer working in a small consultanty. I am responsible for producing the structural calculations and preparing drawings for all the projects i am involved in. We do not employ any technicians. The problem is the partners in the company are the ones who go to site to check our drawings are followed correctly, mainly without any discussion with me. They are also the ones who tell me what changes should be made to my drawings / calculations depending on conditions on site. Some of the changes i don't agree with but neverless have to carry out my bosses instructions. What i want to know is who is legally responsible if anything goes wrong. Is this a common practice in small consultants

 

[vmirat]

First, I would like to clarify that I am not a lawyer, just another registered engineer like yourself. With that huge caveat out of the way, I'll offer what advice I can give based on 20+ years of experience.

The initial responsibility lies with the person who has stamped the drawings. By affixing their PE stamp, they assume responsibility for the contents of the design. This is where incorporation becomes important for liability purposes.

However, you'll notice I said "initial" responsibility. As registered engineers, we all carry a certain amount of responsibility for what we do. If I negligently act on a design, I would also be held responsible in addition to the engineer who stamped the drawings.

Finally, you have to accept the fact that, at least in the US, people here are lawsuit crazy...they'll sue for anything and anyone. If your firm is sued, chances are you'll be dragged into court whether you're personally at fault or not.

It's not uncommon for the principles of a small firm to give direction to a staff engineer on specific projects. I would say that the level of involvement is directly proportional to the size of the firm (i.e. the bigger the firm, the more company business the principles will be doing versus engineering). The interest that they are showing in your particular project could be interpreted in two ways. First, they may just want to stay involved with the design process since they are engineers at heart. Second, they may not have enough confidence in you to trust you with the design. That could be a problem on their part (i.e. not having enough faith in their own company) or on yours (i.e. maybe you're not performing up to their standards). If you feel that your firm's practice is questionable, or you don't feel comfortable with how you're being treated, then talk to your boss. If you suspect there are some questionable engineering practices going on, then find another firm.

 

[Trussdoc]

a third possible reason....is there a golf course near the project?

 

[JAE]

If your partners (bosses) are licensed engineers, then I would ask them to begin sealing the plans if they intend on changing your design without your concurrance.

In the US, the engineer of record is solely responsible for the adequacy of the design - your job is to ensure the safety of the public.....bottom line.

When you seal plans - you are stating that 1)you designed it. 2)you believe it is a proper, safe design.

If those "over" you are insisting on changes that you do not agree with - and you do nothing in response - you are still responsible and still liable (regardless of the country).

I would re-read your particular license laws in your specific area and fully understand your responsibilities. They may be your boss - but its your design and they should respect that - if they can't then vmirat's solution: find another firm.

 

[steve111]

in Ontario Canada every individual or company that provides engineering services to the public must be have a Certificate of Authorization (CA) granted by the Professional Engineers of Ontario. It is applied for annually and the P.Eng(s) responsible for the CA are named in the application. They have legal responsibilty for the work carried by their particular firm. Also in Ontario any work designed by a P.Eng must be reviewed by a P.Eng. The P.Eng performing the review need not be the P.Eng that performed the design. However the design P.Eng (or Firm) are the Engineers of Record with regards to the Building Permit issued and there are requirements to inform the Engineer(s) of Record of many things including changes to the design that occur on site etc.....
Having said all that you never know where it will all end up once Lawyers are involved. Construction and the design of it are dynamic and changes are inevitable. Usually though changes are discussed and analysed amongst the P.Engs involved and agreement reached. If the firm you are working for doesn't put you in the loop, or disregards your opinions, with out justification, then it is definetly time to look for a new employer.