No Agreement Can Keep Parties Together That Wish to Part Ways
One hears a great deal about the difficulties contractors have with engineers and all too many horror stories from design professionals about their relations with contractors…and owners have their own horror stories. However the customary three-party relationship has been used successfully for many years. This leads one to believe that in most projects it is a successful relationship. Contracts are drafted with the assumption that there will be understanding, cooperation and a willingness to work together. There will be adversary relationships but a party should not dwell on those aspects of the relationship.

Your Responsibility to the Public
Your license is a privilege and carries with it a responsibility that is for the benefit of the general public. In almost all states, as a part of their license, engineers have a duty to protect public health and safety. This duty overrides your duty to your client. You should be aware of your state and local laws in this regard and your professional responsibilities. Should you find the actions or inaction of your client are in conflict with public health or safety, you may have to consider withdrawing from the project or some other action. Make sure you have an adequate termination clause in your contract should this situation arise. Client selection in the first place may be your best protection here.

Writing Your Own Contracts
For those who choose to draft their own contracts instead of using standard or preprinted forms should remember that any ambiguity or conflict will be construed against the party that prepared it. If some language is in question, the party who wrote it is responsible for its inadequacy and will probably be the one to suffer. This extends to the specifications and any wording on the drawings.

Minimizing the Impact of Changes
While sketches and written instructions may suffice for minor changes, major changes warrant proper documentation through revised drawings. You should also consider revising the drawings if there is a need to record minor changes in the permanent record. Changes on drawings should be clearly identified with dated revision number and "clouding". Prompt issuance and clear description of changes, communicated to all interested parties are essential to minimizing the impact on cost and schedule.

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