ASCE Member Insurance Blog

Engineers’ Duties Outside of a Written Contract: Avoiding Pitfalls Through Proper Documentation

Posted on 3/9/2017 by ASCE Insurance in Liability Contracts Legal Documentation

As with any profession, a contract for engineering services specifies the terms of agreements, services to be exchanged, deadlines, and estimated costs. It also outlines the specific duties of the project's engineering firm.1 However, as a project progresses, its scope—and thus the engineering firm's duties—can expand. As an engineer, it's important to be aware that taking on duties outside those outlined in your contract may increase your liability.2 To understand how, consider the real-life scenario described below.

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Claim Retrospective: Clients’ Unauthorized Use of Plans and Drawings or Seal and Stamp

Posted on 3/9/2017 by ASCE Insurance in Claims Liability Legal Clients Plans

Unfortunately, clients commonly use engineers' plans and drawings on subsequent projects without the engineer's permission. Even worse, clients have altered engineers’ plans and drawings before using them in subsequent projects, again without the engineer's approval. Shockingly, clients have even used an engineer's seal and stamp without their authorization.

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Construction Observation Duties Do Not Make an Engineer Responsible for On-Site Safety

Posted on 10/6/2016 by ASCE Insurance in Liability Legal Duties

It is common for engineers to be named as defendants in lawsuits by construction workers who are injured while working at the construction site. Often, an injured worker’s attorney will name everyone involved in the project and determine who is liable later, or even worse, invent a reason why a party might be liable. As in most circumstances, the engineer’s contract and/or conduct will determine the duties of the engineer and, thus, whether the engineer can possibly have any liability for an on-site construction accident.1

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Know Your Limits — The Consequences of Being Underinsured

Posted on 6/9/2016 by ASCE Insurance in Claims Liability Coverage

Most professionals, including engineers, understand that claims are one of the inevitable costs of doing business. Engineers buy professional liability insurance to ensure that the cost of defense, settlement, and/or liability associated with a claim will not fall predominately on their shoulders.

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Effective Ways to Handle Claims

Posted on 4/15/2016 by ASCE Insurance in Claims Liability Reporting

When claims surface during an ongoing project, engineers are often under pressure to act quickly in order to prevent further damages. However, acting too hastily may jeopardize their insurance coverage. It’s imperative for the engineer to report claims to their professional liability insurance carrier immediately.

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How to Avoid Uncovered Exposure

Posted on 10/15/2015 by ASCE Insurance in Claims Liability Coverage Policy Information

Almost all professional liability (PL) insurance policies are written on a claims-made basis. It is important to understand the claims-made nature of your PL policy, as it is a fundamental aspect of your insurance coverage.

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When Drones Hit The Sky

Posted on 8/14/2015 by ASCE Insurance in Liability Drones Coverage

The market for drones, or unmanned aircraft systems, has ballooned into a 2.5 billion dollar industry, and is growing 15% to 20% annually.1 Engineers have found that drones can play a vital role in their work.

By Giovanny Avendaño, Esq.

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