Questions to ask your employer before stamping structural plans?

[bolt45]

Let's say you just acquired your PE license and will soon be stamping structural plans for your employer. Are there any critical questions that should be asked of your employer? I'm thinking in terms of liability insurance, the standard process if there is a claim from drawings you stamped, general legal issues, etc.

Also, should you receive greater compensation when you are stamping drawings? I've noticed some firm owners stamp EVERYTHING, despite having other licensed individuals doing most of the work.

 

[London]

This sounds like something that is agreed by yourself and the employer at the contractual level - ie your renumeration is reflecting the level of responsibility you have in the office.

The drawings that you stamp, or sign, are checked from an engineering perspective - there shouldnt be a reason that you wouldnt stamp it from a insurance point of view. That should be covered in the client/engineering contract, and also your own contract.

Thats my thoughts on it anyway, not an expert!

 

[JedClampett]

As far as compensation, traditionally you get a one time bonus or raise when you get licensed. No extra for the task of sealing drawings or reports.
Anytime I've asked, I've been told you're covered by the company's insurance and there's no personal liability attached. I've never heard different, nor have I heard of any litigation going after an individual's personal property.
Make sure the drawings have been reviewed and been done by you or under your direction. As long as nothing falls down, you're fine.

 

[SteelPE]

"As long as nothing falls down, you're fine."

I can think of instances where this statement would be false.... but I get your point.

 

[paddingtongreen]

It would be a strange customer who didn't check that the company's insurance was sufficient and up-to-date.

Michael.
Timing has a lot to do with the outcome of a rain dance.

 

[UcfSE]

Make sure you are covered by your employer's insurance. Ask to see the policy. Ask them who covers you legally in case of a problem. Ask them who or how you're covered once you leave the firm.

 

[strucguy]

UcfSE -

You made a very good point. Got to check with my employer about that.

 

[msquared48]

And what is the amount of the liability insurance.

And, should the firm, possibly a corporation, fold, where does the liability for any claims lie then, if anywhere? This question, more likely than not, is a question for your lawyer to answer.

Mike McCann
MMC Engineering

http://mmcengineering.tripod.com

 

[cvg]

...nor have I heard of any litigation going after an individual's personal property...

"As long as nothing falls down, you're fine."

I worked for Company "A" that went out of business and sold it's assets to Company "B". I then went to work for Company "B". My seal was on a fence plan for a project completed a couple of years earlier for Company B and Developer C. The plaintiffs complaint was regarding flooding of the development. The plaintif's attorney found the fence plan in the project files and both I and my wife were served with a complaint along with every other engineer who had worked on the project over the prior 5 years. Turns out my involvement with the project was minimal and un-related to the alleged complaint, but my new employer would not defend me. Something about "deep pockets and they didn't want to get involved and besides, they were not involved anyway but good luck with that". I had to hire my own attorney and pay the bill. Luckily the case was settled out of court so no trial was held, but still cost me about $2,000. So be careful about what you sign.

 

[Ron]

bolt45....in many states now, engineers can be held personally liable even though acting on behalf of a corporate entity. Not only do you need to check that your firm has professional liability and coverage for the errors and omissions for its engineers, but you need to make sure that the company indemnifies and holds you harmless for your errors and omissions. The reason this is important is that even if the insurance covers the company for losses, if the company blames you for the loss, they can sue you for damages. It's called subrogation.

At the least, make sure you are a named insured on your company's policy.

 

[JedClampett]

OK cvg, what could you of done to avoid your problem? Short of predicting the future (company sold; being sued for an unrelated issue; new company not stepping up), I don't see how you (we) could ever protect ourselves.

 

[cvg]

I'm not saying I could protect myself from a frivolous lawsuit, but certainly don't expect your employer to do it either. And even if your employer defends you, plan on spending time away from productive work on the case. And be careful working for attorneys, they can be great clients but they can just as easily turn on you also. Certainly, the clients you work for are one of the best predictors of future claims.