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
Why can’t we settle the claim? The answer is often that we cannot obtain a global settlement. Unfortunately, such an answer is not always easy for engineers to understand. As you might imagine, the more parties involved in the litigation, the more difficult it can be to get everyone to agree on a resolution.