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.
A “tolling agreement” is “an agreement between
a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usually so that both parties will have more time to resolve their dispute without litigation.”1
Many architects and engineers incorporate a limitation of liability clause into their contracts. A limitation of liability clause is exactly what it sounds like: a clause that limits your liability in the event of a claim. Limitation of liability clauses establish “a contractual ceiling on the amount of damages to be awarded if a plaintiff prevails in later litigation between the contracting parties.” Therefore, a limitation of liability clause is a useful precautionary piece of armor to include in your contract.
By Sarah A. Johnson, Esq.
Recent claims have revealed that a number of engineers have not been memorializing the scope of their services in writing, either in a written contract or even in a written work order. While this may not be problematic if the project proceeds smoothly, projects often involve complications and issues, leaving the client/owner dissatisfied with some aspect of work. Nor is it unusual for serious construction defects to surface after the completion of a project. Thus, the best practice is for you to routinely memorialize the scope of your services in writing, preferably through the use of a written contract.
The specter of litigation will never instill peace of mind, but engineers are wise to implement document retention practices to prepare for the moment we all hope will never come. If you find yourself facing a lawsuit, the documents that you provide to your attorney will serve as the foundation of your defense. Keep in mind that the strongest defense is one that doesn’t merely fit your version of a story against someone else’s or require huge leaps in reasoning and facts to overcome missing information. The best defense
is built on the most complete story that you can tell in black and white.
By Terri L. Stough, Esq.
There has been an increase in the number of licensing proceedings being pursued against engineers. If you receive any correspondence from your local or state licensing board, you should immediately provide notice of the licensing proceeding to Underwriters via Pearl Insurance for coverage under your Professional Liability Insurance Policy. Your ASCE Policy may include Licensing Board Proceeding coverage. Unfortunately, many engineers fail to realize that they have purchased this coverage or, alternatively, that this coverage is triggered when the engineer first receives correspondence from the licensing board initiating any investigation.