PE Liability Working for Mechanical Contractor

[HVACEng77]

Hello all, I've spent quite a bit of time searching this site for some advice on liability associated with being the only licensed engineer working for a mechanical contractor. Hopefully, someone will read this that has a similar experience and provide some insight.

Basically, I will be sitting for the PE exam soon and need to know if I should be concerned that once I do become a licensed engineer, I will be the only person on staff holding a PE license. I work for a large HVAC contractor with roughly 200 employees and various projects are in progress on a daily basis that I have no involvement with or knowledge of. When I become a PE, and use the PE designation on my business card and emails, will I be assuming any professional liability for projects my company carries out that I'm not involved with? My company, itself, is not and will not be registered with the State as a company that provides consulting services. However, I would like to personally offer my consulting services on the projects I am involved with, when necessary. Before I do so, I'd like to know whether or not simply using my PE title on my business cards and emails will hold my license liable for things that are carried out by others at my company that I have no knowledge of.

Any feedback would be appreciated, I'm sure there are others out there with similar experiences.

Thanks.

 

[Terminus0]

I think you will probably be fine as long as you don't put your seal on anything.

 

[JAE]

Well by most US state engineering laws, any design you do must have your seal on it.

In any case, many contracting companies have general liability insurance but not professional liability insurance. I have a friend who is a structural engineer for an steel erection company and he was told by his employer that he cannot do engineering designs as they don't have Professional Liability insurance.

If you are going to be doing engineering designs that your company will use on projects, you should have your company set up prof. liab. insurance for you. As an employee under their corporate umbrella, you would be protected from lawsuits directed at you personally (your house is safe in that regard) - I think. You might want to check with an attorney.

Also, if you are providing engineering design services for the firm, then by most US state laws your company must register with the secretary of state as a corporate business entity within the state. Your company probably already has done this but I think the company must also register with the engineering board - again check with the state engr. board to be sure.

 

[greenone]

Have you asked your employer abut this? One very large company that I worked for did not allow me to put PE on my business card; all drawings were stamped by outside consultants. The company felt, in case of a potential lawsuit, that we would be held to a higher standard if we "advertised" that I was a PE.

 

[JAE]

greenone - that is exactly the position my friend with the steel erection company is in.

 

[HVACEng77]

Thanks for the feedback guys. To clarify:

Terminus0 - I'd like to to be able to stamp my own work if I'm working on a design build project. However, in doing so (and advertising I'm a PE to a certain degree via business card and email signature), I'd like to be sure my license won't be liable for projects that others in my company are working on that I have no knowledge of.

JAE - You bring an excellent point as to whether or not I'd legally be able to use the PE title on my business card working for a company that is not registered as a Professional Engineering Corporation. I certainly don't think a mechanical contractor would fall into an exempt industry. I will have to verify that with my State Board. Assuming that I can (to be verified), and that my company will provide me with PL insurance (which they would), I'd still like to know if I would be ultimately responsible for the work done by others without my knowledge.

Perhaps the solution would be to start my own LLC, have my current company (mechanical contractor) pay for my PL insurance, and have my company contract me to sign and stamp construction documents as necessary. Thoughts?

 

[JAE]

An engineer is only responsible for the work they do directly, under direct supervision of others, and for work that they sign and seal.

If someone in your company does something wrong without you having any direct participation, authority over them, or activity with them, then I don't see how an engineering board can come to you and suggest that you should have inserted yourself in a non-engineered project.

In most cases, a US State engineering board will respond to complaints regarding the practice of engineering....not complaints regarding situations where an engineer didn't participate in a project but could have.

If your company somehow advertises, implies, or communicates that all their work is overseen by an engineer, and you are that engineer, then I suppose a board might have a basis for complaint if something went wrong, someone filed a complaint, and they determined that the company implied your participation when you never did. Even with that, though, the company would be on the hook, not you.

If you company is doing things that would require an engineered design and seal, and they don't get your buy-in, review or seal, then they are screwing up and violating the law.