Municipal Engineer/municipality Liability

[EIT9667]

I work on a number of land development projects in local municipalities. Typically there is a municipal engineer (licensed P.E.) who must sign off on any plans on behalf of the municipality. He also can dictate or approve designs/changes to the plans for components in the municipal right-of-way (city owns and maintains these components, but is shown on the design plans). My question is, if the municipal engineer approves a change is he (or rather the municipality) taking liability for that component? Or does liability stay with the stamping engineer?

It occasionally happens that the stamping engineer will disagree with a change or design, but is trumped by the municipal engineer, bring told that by approving it or dictating the change (or design in the first place) the municipal engineer (municipality) is owning the final design and any liability, including a tort lawsuit, which they are typically immune from anyway...so who is actually responsible in these situations? Or is liability shared?

 

[GeoEnvGuy]

In my jurisdiction an engineer is responsible for what they stamp and there employer is responsible for the attaining approval from the engineering organization to be allowed to offer engineering services and maintaining liability insurance.

In the event a complaint is made with the engineering board the discipline is usually given to both the engineer and employer. In legal liability both the engineer and employer is named and unless there is gross negligence a claim against liability insurance may be justified.