Risk Management Tips for Structural Engineers December 15, 2006

"Any and All Engineering Services Needed to Complete the Project"
You might find this language in client-written contracts. Unless your services are carefully defined, you may find it difficult to recover any further remuneration for additional services you may be required to perform. It is probably impossible to know all the services that might be needed due to changes, unanticipated conditions or regulation or code requirements. The answer is to develop a comprehensive scope of services with your client. CASE has a comprehensive list in matrix form in its "Guidelines for the Structural Engineer of Record" and in its contract #2 agreement between owner and structural engineer. The matrix allows you to include or exclude certain services.

Duties You Never Intended to Undertake
Some contracts may contain reference to other documents that may try to assign responsibilities to the engineer that they shouldn't have. Those duties may be contrary to the language in the signed contract. Therefore it is important to have language that states that no provision of any referenced material may assign responsibilities to the engineer that are contrary to the expressed provisions of the general conditions of the construction contract.

Estimating Construction Cost
An important point to remember and to communicate to clients is that the tighter the project budget, the more latitude and control that should be given to the design professional. This includes selection of materials, equipment, components and possibly even modifying the project scope. When an engineer exercises such discretion, they should obtain the written approval from the owner in case the project does not function as anticipated for whatever reason.

Not Being Able to Reuse Your Own Design
This could happen if you agree, in a client-written contract, to give up your ownership rights including copyrights. You might also be prevented from using derivatives of your own design. You should not be asked to do this in a traditional design project. State clearly in your contract that you retain the copyrights to your drawings as well as ownership of those documents. Copyright law is a highly specialized field with many attorneys doing nothing but that.

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