Design in Jeopardy: The Expanding Legal Responsibilities of Engineers
Publication: Journal of Professional Issues in Engineering
Volume 112, Issue 1
Abstract
The rise in the number of lawsuits against engineers and architects has become a major concern to the design profession. Engineers and architects face lawsuits not only from their clients, but from contractors, construction workers and users of their designs. This article traces the evolution of this situation through a review of significant legal decisions. Until the 1950s designers were generally protected from lawsuits from third parties by the privity doctrine, and there was no need for professional liability insurance. Courts have since allowed greater latitude to the parties who can bring lawsuits against designers. The result has been a skyrocketing increase in the cost of professional liability insurance, making the coverage too costly for many small firms. Even more serious is the discouragement to creativity in design that this has caused. This is a serious problem that can only be solved by the active cooperation of the engineering, architecture and legal professions.
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References
1.
Nischwitz, J. L., “The Crumbling Tower of Architectural Immunity Evolution and Expansion of the Liability to Third Parties,” Ohio State Law Journal, Vol. 45, 1984, p. 217.
2.
Nischwitz, J. L., “The Crumbling Tower of Architectural Immunity Evolution and Expansion of the Liability to Third Parties,” Ohio State Law Journal, Vol. 45, 1984, p. 217.
3.
Castles: A History and Guide, Special Consultant R. Allen Brown, Blandford Press, Dorset, England, 1980, pp. 28–38.
4.
Miller, B. J., “The Architect in the Design‐Build Model: Designing and Building the Case of Strict Liability in Tort,” Case Western Reserve Law Review, Vol. 33, No. 1, 1982, p. 117.
5.
Miller, B. J., “The Architect in the Design‐Build Model: Designing and Building the Case of Strict Liability in Tort,” Case Western Reserve Law Review, Vol. 33, No. 1, 1982, p. 117.
6.
Earley, A. F., “Liability of Architects and Engineers to Third Parties: A New Approach,” Notre Dame Lawyer, Notre Dame Law School at Univ. of Notre Dame, Notre Dame, IN, Vol. 53, No. 2, Dec., 1977, p. 307.
7.
Neeson, P. J., “The Current Status of Professional Architects and Engineers' Malpractice Liability Insurance,” Insurance Counsel Journal, International Assn. of Ins. Counsel, Chicago, IL, Vol. XLV #1, Jan., 1978, p. 44.
8.
Sheehan, T. F., “Professional Engineering Liability under U.S. Common Law & Securities Law,” Journal of Petroleum Technology, Vol. 33, Oct., 1981, p. 1869.
9.
217 NY 382, 111 N.E. 1050 (1916).
10.
Laukkanen v. Jewel Tea Co., 222 N.E. 2d 584, 78 Ill., App. 2d 153 (1966).
11.
Pa. Super., 335 A2d 407 (1975).
12.
Pataki, L., and Sandar, S., “Professional Liability: Malpractice of Attorneys, Accountants, Architects and Engineers,” Oklahoma City University Law Review, Oklahoma City Univ., Vol. 3, Spring, 1979, No. 2, p. 711.
13.
Acret, J., Architects & Engineers, 2nd ed., Shepard's McGraw‐Hill, Colorado Springs, CO.
14.
363 Pa. 1, 68 A2d 517 (1949).
15.
3 N.Y. 2d 137, 143 N.E. 2d 895, 164 N.Y.S. 2d 699 (1957).
16.
Matthews v. Lawnlite Co., 88 So2d 299 (1956).
17.
City of Mounds View v. Walijarvi, Supra 263 N.W. 2d at 424.
18.
Nischwitz, p. 220.
19.
Crisham, T. M., “Liability of Architects and Engineers to Third Parties,” Federation of Insurance Counsel, Federation of Insurance Counsel, Inc., Vol. 26, No. 3, Spring, 1976, p. 181.
20.
Schoumacher, B. H., “Legal Responsibility of the Engineer Revisited,” Specifying Engineer, Cahners Publishing Co., Chicago, IL, Vol. 49, Feb., 1983, p. 43.
21.
See Carrols Equities Corp. v. Villnave, et al. (350 N.Y.S. 2d 90, 76 Misc. 2d 205, 1973), and Stix v. Greenway Development Co., Inc., 447 A.2d 577, 185 N.J. Super 86 (1982).
22.
A. R. Moyer, Inc. v. Graham, 285 So. 2d 397.
23.
Broyles v. Brown Engineering Co., 151 So. 2d 767, Alabama, 1963.
24.
Sweet, J., “Legal Aspects of Architecture, Engineering and the Construction Process,” 2nd ed., West Publishing Co., 1977, p. 641.
25.
Black's Law Dictionary, Henry Campbell Black, 5th ed., West Publishing Co., St. Paul, MN, 1979.
26.
Warren Brothers Company v. New York State Thruway Authority, 309 N.Y.S. 2d 450, 34 A.D. 2d 97 (1970).
27.
444 N.Y.S. 2d 907, 429 N.E. 2d 414, 54 N.Y. 2d 876 (1981).
28.
Tufano Construction Corporation v. Port of New York Authority, 18 A.D. 2d 1001, 238 N.Y.S. 2d 607, etc.
29.
Welton Beckett Associates, et al. v. J. R. Stevenson Corporation, et al., 478 N.Y.S. 2d 305 (1984).
30.
Samaritan Hospital v. McManus, Longe, Brockwehl, Inc., et al., 460 N.Y.S. 2d 842 (1983).
31.
Insurance Counsel Journal, Jan., 1978, p. 46.
32.
Postelnek, S. A., “Shifting the Risk of Liability,” Specifying Engineer, Cahners Publishing Co., Chicago, IL, Oct., 1984, Vol. 52, p. 50.
33.
“Many A/E's short on Insurance,” Engineering News‐Record, Vol. 208, No. 8, Feb. 25, 1982, p. 59.
34.
Heinly, D. R., “No Relief in Sight for A/E Insurance Rates,” Specifying Engineer, Cahners Publishing Co., Chicago, IL, Oct., 1979, Vol. 40, p. 30.
35.
“Liability Fund Bill Dies—Will Try Again Next Year,” ibid., pp. 14–15.
36.
“Liability Fund Bill Dies—Will Try Again Next Year,” ibid., p. 14.
37.
“NSPE Urges Sound Liability for Design Professionals,” Professional Engineer, National Society of Professional Engineers, Washington, DC, Vol. 48, Nov., 1978, p. 52.
38.
“NSPE Urges Sound Liability for Design Professionals,” Professional Engineer, National Society of Professional Engineers, Washington, DC, Vol. 48, Nov., 1978, p. 52.
39.
“NSPE Urges Sound Liability for Design Professionals,” Professional Engineer, National Society of Professional Engineers, Washington, DC, Vol. 48, Nov., 1978, p. 52.
40.
“Liability of Architects and Engineers to Third Parties, A New Approach,” Notre Dame Lawyer, Notre Dame Law School at Univ. of Notre Dame, Notre Dame, IN, No. 2, Dec., 1977, p. 317.
Information & Authors
Information
Published In
Journal of Professional Issues in Engineering
Volume 112 • Issue 1 • January 1986
Pages: 58 - 67
Copyright
Copyright © 1986 ASCE.
History
Published online: Jan 1, 1986
Published in print: Jan 1986
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