Professional Liability of the Architect and Engineer
Publication: Journal of Professional Issues in Engineering
Volume 111, Issue 2
Abstract
One of the most disturbing issues of the medical profession has begun to disturb those in the engineering community—malpractice. Although professional engineering liability made its debut in the 1950's, it has become an item of concern for every engineer. The threat of liability frequently has replaced the idea of creativity with ideas of conservation. There are several actions an engineer can take to reduce or eliminate, or both, the potential for a liability lawsuit: (1) Use of AEPIC for structural failure data; (2) avoidance of liability‐prone projects; and (3) purchase of liability insurance. However, there is no guarantee that an engineer will not be named in a lawsuit, regardless of the precautions he or she takes.
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References
1.
“Architects,” American Jurisprudence, 2 Ed., G. S. Gulick and R. T. Kimbrough, eds., Vol. 5, Lawyers Co‐operative Publishing Co., Rochester, N.Y., 1962, Sections 16, 23 and 25.
2.
Bachner, J. P., and Waggoner, E. B., “What to Do when the Suit is Served,” Civil Engineering, Vol. 48, Apr., 1975, pp. 63–64.
3.
Black, H. C., Black's Law Dictionary, 4th Ed., West Publishing Co., St. Paul, Minn., 1969, pp. 1059–1060.
4.
“Building, Etc. Contracts,” American Jurisprudence, 2nd Ed., G. S. Gulick and R. T. Kimbrough, eds., Vol. 13, Lawyers Co‐operative Publishing Co., Rochester, N.Y., 1962, Section 132.
5.
DiVietro, P., “Professional Liability Rates Down,” Civil Engineering, Vol. 54, Jan., 1984, p. 10.
6.
Fitzsimons, N., and Vannoy, D., “Establishing Patterns of Building Failures,” Civil Engineering, Vol. 54, Jan., 1984, p. 55.
7.
Godfrey, K. A., “Building Failures—Preventing Them, Learning from Them,” Civil Engineering, Vol. 52, Jan., 1982, p. 48.
8.
Goldberger, P., “Architectural Malpractice Suits Reported Increasing 20% a Year,” New York Times, Vol. 128, Feb. 12, 1978, p. 1.
9.
Hammond, D. F., “Minimizing Risks and Mitigating Losses,” Proceedings of the ASCE Construction Risks and Liability Sharing Conference, ASCE Construction Division Committees on Contract Administration and Tunneling and Underground Construction, Vol. 1, Jan., 1979, p. 134.
10.
Jensen, W. E., and Land, F. P., “Potential Malpractice Liability of Civil Engineers,” Journal of Professional Issues in Engineering, ASCE, Vol. 109, July, 1983, pp. 172–180.
11.
Lange, H., “Projection of the Future Course of Manufacturing and Engineering Liability Laws and the Possibilities for Insurance Protection,” Proceedings from the First Annual Symposium on Professional and Product Liability, held at the Univ. of Missouri, Columbia, Mo., 1967, p. 41.
12.
Musica, F., “Congress Addresses Structural Failures—Slowly,” Civil Engineering, Vol. 54, Jan., 1984, p. 106.
13.
“Occupations,” Americah Jurisprudence, 2nd Ed., G. S. Gulick and R. T. Kimbrough, eds., Vol. 58, Lawyers Co‐operative Publishing Co., Rochester, N.Y., 1962, Sections 70 and 78.
14.
Poppino, A. G., “The Summons,” Engineering Issues, ASCE, Vol. 104, Jan., 1978, p. 57.
15.
Robin, S., and Syrnick, J. R., “Protecting Your Firm Against Liability Claims,” Civil Engineering, Vol. 45, June, 1975, pp. 66–69.
16.
Rodriguez, A. P., “Is the Risk Insurable?” Issues in Engineering, ASCE, Vol. 107, Oct., 1981, pp. 281–287.
17.
Vansant, R. E., “Liability: Attitudes and Procedures,” Engineering Issues, Vol. 102, Apr., 1976, p. 278.
Information & Authors
Information
Published In
Journal of Professional Issues in Engineering
Volume 111 • Issue 2 • April 1985
Pages: 57 - 65
Copyright
Copyright © 1985 ASCE.
History
Published online: Apr 1, 1985
Published in print: Apr 1985
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