PE stamping and liability 1

[COEngineeer]

A friend of mine asked for my help (for free). He wanted me to figure out what needs to be done to remove the column in the basement. So I said, sure. Then he asked me draw a little sketch and prepare a little report for the building department. This is when I told him that I need to run his project through the company I work for since my work will be insured (of course he has to pay a fee). Did I do a right thing? Is there a document I can make him sign so I will be protected from any kind of liability so I dont have to run it through my company? I would love to help my buddy out but then I dont want to stamp anything since I dont have a personaly liability insurance.

Never, but never question engineer's judgement

 

[zdas04]

There is not a "get out of jail free" card you can use to help your buddy. You can do the calcs and sketch the position of the new supports, then he can take that to an engineer (maybe your firm) and possibly pay them a reduced rate because the exploratory part of the job is already done. If you stamp it, you're liable.

David

 

[MiketheEngineer]

zdas04 is right.

Does it have to be sealed?? Many building departments do not require it OR believe it or not will check it for an "extra" fee. A HOT topic for another day!!!

 

[ctcray]

Your company probably wouldn't being "insuring" that the implementation of the design would go flawlessly, and that, in my opinion, is where things are more likely to go wrong.

 

[rday]

Do the safe thing and go through the company. You then have insurance and the corporate veil to shield you from personal liability, unless you are grossly negligent.

I personally won't do "free" work on the side, even for friends. A fee must be paid (although it may be minimal) to cover insurance and the costs of producing the deliverables.

 

[strguy11]

Have him sign a contract with a limited liability clause. You can limit your liability to the fee for the services rendered, which is zero in your case. There was an article about such clauses in the Jan 08 issue of structure magazine.

 

[greenone]

I don't blame you for not wanting to stamp it. I think it is worth a try to see if the Bldg Dept actually requires a stamp for residential projects, as long as a licensed contractor does the work.

 

[csd72]

I would think you could be still liable even if you dont stamp it.

You are knowledgable, they are not, so you probably have a legal 'duty of care' regardless.

 

[TrafficDesigner]

You should also check the rules for your state. I know in some states you are not allowed to seal drawings for no charge. You could lose your seal for doing so.

I agree with helping out a friend when you can, but not when they are asking you to risk your way of making a living in order that they can save a few bucks.

I wouldn't worry about making them upset by saying no. A real friend will understand your position and gladly pay the fee or you could give them some referrals to some one who charges lower rates.

The easiest way out of this would be to tell them that your firms insurance company will not insure for liability if you are sealing plans outside of the firm that they are insuring. Since the firm would not be receiving money, they can't put the firm name on it, therefore it's not covered.

A friend of mine got into a situation kind of like yours several years ago, and had to back pedal her way out of it. She too was just helping what she thought was a friend.

A former co-worker I knew was doing plans on the side, and asked one of the Engineers in our office to seal them for him and he would pay them a small fee on the side. The Engineer reported the co-worker to HR and he was terminated on the spot for even suggesting such a deal.

 

[skmcneill]

In Tennessee, the Supreme Court held that an attorney cannot limit his liability. In that same opinion, they made a reference that would indicate that the same holding would apply for all professionals (engineers, accountants, etc.).

You will want to find out exactly what the rule is in your state. Running it through the company is a good idea but you can still be personally liable under certain circumstances.

 

[DonPhillips]

It must have been for gross negligence. Normal errors and ommissions should be able to be limited if there is a contract where both parties agree to the limit. I would be interesting in reading the ruling, if you have a link to share.

Don Phillips

http://worthingtonengineering.com