An Engineering Law course could be a good addition to a college curriculum, but the basics could probably be taught in 3 or 4 hours of a larger course, or in an ASCE student chapter lunch series.
Honestly, it's a topic you don't appreciate as much in college as you do when you are out in the working world and once you use your seal for the first time.
Some companies offer annual seminars through their professional liability insurance provider (my former company did that) and it was very helpful and enlightening.
Important topics include defining your scope of services clearly and thoroughly, using proper terminology and avoiding improper terminology in technical documents and reports, and practicing only within your expertise.
Understanding liability insurance is a topic in and of itself. Unlike other professions (such as many medical professions) an individual engineer working for a company or agency cannot buy their own personal professional liability insurance. Depending on state law, though, you can be liable 'jointly or severably'; fortunately most lawsuits target the 'deep pocket' - the company, not the individual. The insurance is typically held by the company or entity that is officially contracted to perform the work, so if you work for a company they (should) hold liability insurance. Public entities are often self-insured. Doing work 'on the side' without insurance - in my opinion - is a bad and risky idea. Defending even one claim out of pocket can wipe out years of profit. Unfortunately lawyers can draw everyone even tangentially involved with a case into a lawsuit (even those who you would think obviously shouldn't be involved) in order to depose them and get information. Even if you are ultimately dismissed, you can spend time and money defending yourself. Tort Reform suddenly becomes a very interesting topic that you previously knew nothing about.
Another legal reality-check younger engineers often get is that liability often extends beyond just crunching the numbers correctly vs. incorrectly. Contractor delay claims, safety issues, and other non-technical items are often the source of legal claims.
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Greg Thein, PE
Cleveland, OH
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Original Message:
Sent: 03-10-2024 05:25 AM
From: Andre Newinski
Subject: Engineering Law - Do you know it?
good point, Daniel! an essential self-reflection enabling us all to clarify this situation.
Perhaps, there is the possibility of risks associated with unknow things when signing/stamping attitude, than we should not supposed to be unconscious about this.. and
the Engineer needs address its concerns on how it could impact their life in the future. Be aware that knowledge can always be expanded into a new dimension, Andre.
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Andre Newinski S.E., M.ASCE
Structural Engineer
AN
Santo Angelo
Original Message:
Sent: 03-05-2024 08:42 PM
From: Daniel Bressler
Subject: Engineering Law - Do you know it?
Should there be a engineering law course taught in school? After all we are signing legal documents.
I would argue that we use our stamps/seal/prescription pad more than other professions yet many engineers, like myself, were never taught what signing means and the liability it holds. I did have a ethics class which does touch on the law a bit but I think there should be another course or perhaps half a course (split it with ethics) designated to engineering law and understanding what exactly you are signing/stamping.
Any thoughts?
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Daniel Bressler EIT, A.M.ASCE
Structural Engineer
Brooklyn NY
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