Be Wary When the Client Unilaterally Develops the Engineer's Scope of Services
A client may develop their own request for proposal that may include a scope of work for the engineer. If it does they probably have made assumptions about your preferences and requirements of your profession. It can cause misunderstandings and may encourage submission of a low fee. It may be possible to submit an altered proposal but speak with the client first. Once a final scope is agreed to then discussion of specific terms and conditions can begin including the allocation of risk.

The Client Insists You Specify a Product with which you are not Comfortable
If it is for a reason other than health or safety you might want to put your objection in writing and get a response from the client. If it is a more serious objection that you feel could endanger someone now or in the future, you might want to do more research or even look to the termination provisions of your contract. No one wants to be in a situation where they specify something that was legal at the time it was specified but later was found to be hazardous.

Staying Out of Trouble While Interpreting Documents
Generally, the engineer is the initial interpreter of the contract documents and judge of the acceptability of the work. The engineer does not have authority to decide all disputes between the owner and contractor; just those that have to do with the acceptability of the work or the interpretation of the requirements of the contract documents. Any other claims or disputes should be submitted to mediation or some other method of dispute resolution. If the engineer renders a good faith impartial decision, then they should have the benefit of judicial privilege or immunity and not be liable for their interpretation.

The Status of the Engineer during Construction
While the engineer is not a party to the owner/contractor agreement, they are treated as having accepted the duties assigned to them in the general conditions of that agreement. During construction the engineer acts on behalf of the owner to the extent provided in the agreement. Their visits to the site are on the owner's behalf and for their benefit and not for any other party.

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