Requesting Advice from Your Insurance Consultant
Engineers should remember their professional liability policy may not extend coverage to such functions that are not considered arising out of the performance of customary professional engineering services. The extent to which construction coordination, project management, construction management and safety engineering are considered a part of normal or customary services is sufficiently unclear so that before undertaking them the wise engineer will request advice from his insurance counselor as to the application of coverage to the rendering of such services.

Do What You Have Been Trained To Do
When the engineer does what he has been trained to do and sticks to performing services within the orbit of his expertise, the risk of making a mistake is greatly reduced. There may be temptations to assume greater authority and responsibility but these should be tempered with the realistic evaluation of capabilities. Many experts are involved in the building process and have their own areas of expertise and these must be respected.

A Legal Principle to Ponder
'One who undertakes gratuitously to render services for another which he should recognize as necessary for the protection of the other person, will be subject to liability for physical harm or monetary loss from his failure to exercise reasonable care in performing his task if the other person has relied upon his undertaking.'

Mediation Arbitration, the Courts
Mediation is distinguished from arbitration in that the mediator has no power to make a binding decision but the arbitrator does. In considering various approaches to resolving issues, one should not forget the courts especially where large sums or complex issues are involved. Time honored legal rules for admission of evidence, taking of depositions; discovery and recording of testimony should not be overlooked. Court proceedings are expensive and time consuming but the rules have been developed over the years with justice as the goal and that fact should not be treated lightly.

Click here to return to Newsletter Archives