PE Liability

[MRM]

Here's a quick question for you:

Say I'm a registered practicing PE for many years. One day, I decide to change careers completely and I make my living doing something unrelated to engineering, say running or owning a candy store. Would my PE license follow me around forever, even when I stop paying for my license renewal every year? In other words, would I be liable if I ever gave a neighbor casual engineering advice regarding his home or property and something went awry?

 

[sc]

Yes.

In Victoria, Australia structural engineers need to have protection for all work carried out for a minimum period of 10 years. The PI Insurance must also have a continuance clause that provides a minimum level of cover from the date of last payment on the policy. It avoids paying for PI Insurance until the 10 years is up because the cost is already factored into the current policy.

Also it is not good practice to give out advice once you stop paying for the PI Insurance as this advice would not be covered. Another point to note is that your good friend will look to spread blame should something go wrong (human nature).

So in my view, when you stop paying you should stop advicing.

regards
sc

 

[RDK]

If you gave professional advice to anyone, even casually, you could be liable. This would be without regard if you ever had held a PE license or if you wee charging for that advice.

If you were practicing engineering without a license then you would also be guilty of violating the engineering laws in your jurisdiction.

That’s why when giving casual advice I always use qualifiers such as this appears to be, normally xx size is used here, etc. I do this with a P.Eng license, a certificate of authorization to consult and valid errors and liability insurance in place.


Rick Kitson MBA P.Eng

Construction Project Management
From conception to completion

http://www.kitsonengineering.com

 

[MRM]

I thought that would be the answer. Thanks for your responses. RDK, you mentioned "professional advice." What is your definition of "professional advice?" The way I see it, unless all I talk about with anyone outside of work is the weather, just about any conversation could have bits of advice... "...that sounds like a real problem you're having with your driveway cracking up, Gary. If I were you, I'd check into this, or that. It's probably that. Say how are the kids doing?" It seems like there needs to be a distinction between the letter of the law and the spirit of the law, so to speak, about what is being said or the context of the advice given. That's probably in a perfect world, right?

I agree with sc in that your closest friend are sometimes the first ones to nail you when something goes wrong. Many of them probably mistakingly think your liability insurance will pick up any bill with no questions asked, and no damage to you.

What if my wife were to offer her opinion on a matter, with or without me present? Could her remarks come back on me. the PE, if she offers casual advice somehow related to engineering to someone even though she has no experience in it? Would you recommend that I make notes to a personal file documenting personal conversations I've had if an engineering subject comes up and I'm asked my opinion on something?

To your knowledge have many cases like the one described gone to court where the PE was found guilty for giving "professional advice" even if done so in a casual manner?

 

[BobPE]

MRM:

I think we may be getting you off track...providing professional advice cannot be done casually....If you say to your neighbor...."I am a PE, do it this way," that is not casual, you made a predetermined effort and as an engineer you will then be responsible and have the documentation for your advice to your neighbor...and as RDK implied, your license would be current...and you will have negotiated a fee for your services since its illegal to provide advice without a fee...

advice and talking are two different things one needing a license, the other doesnt...


your license will follow you forever, and you will be responsible for things you signed and sealed....My uncle has been dead for several years and he is stil listed as a PE, status----inactive....

BobPE