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Structural Engineering Design Agreement

The intention of the engineer and his client, a supplier of prefabricated concrete parts, was that the engineer, as a specialized engineer, verify the reinforcement of the proposed design of the supplier of prefabricated parts and, if necessary, modified so that it complies with the construction code. Shortly after the prefabricated construction, non-structural cracks formed due to the way the prefabricated parts supplier configured the structure. Since the engineer`s power “Design the construction of prefabricated parts” and not the more specific “Check and modify the amplification of the proposed design of the prefabricated parts supplier so that the prefabricated concrete components comply with the construction code”, the engineer and his professional liability insurer paid a very high claim on the costs of repairing the non-structural cracks. It is good practice to offer these excluded services for a fee. An agreement that documents the additional services offered, but that the customer has not included, may reduce your liability in the event of a dispute. Even when using standard contracts, it`s important to indicate a precise and specific level of performance and avoid a language that would expand your reach far beyond what you agreed with the customer. Describe exactly what services you will provide. For example, are you designing a repair to satisfy the current or previous building code, or simply to return a damaged structure to its original condition (since this may be all the customer`s insurance company will pay for)? A well-written contract is your best protection in the event of a dispute. In a perfect world before creating or signing a contract, a lawyer should check it; But it can be expensive. Your professional liability insurance organization probably offers a free contract verification service, which is normally only used for contracts provided by the client. Other options are available to you: the American Institute of Architects (AIA), the Engineers Joint Contract Documents Committee (EJCDC), the Council of American Structural Engineers (CASE) and others have written standard contracts for architecture, engineering and construction. The contracts drawn up by these organisations cover typical conditions applicable to members of their organisations and have been verified by lawyers. A statistician agreed to review the proposed project for the contractor, which establishes the structural framework for an extreme sporting event structure.

The engineer`s contract states that the engineer would “analyze and design a temporary ramp structure” and that the engineer “would consult with (the event organizer and the ramp contractor).” One of the athletes was seriously injured by an athlete`s error, aggravated by a totally non-structural problem that developed during the competition. The athlete`s lawyer used the usual “shot gun” approach and sued more than twenty companies, each company that participated in the event anyway. Since the judge interpreted the engineer`s term “ramp structure” by inserting all the physical aspects of the event and not just the primary structural components, and the engineer`s responsibility being to coordinate the entire event and not just the primary structural components, he did not agree to dismiss the engineer from the complaint, although the structural components designed by the engineer work perfectly. As a result, the engineer paid US$25,000 in legal fees, plus US$25,000 for a transaction, as the cost of fighting the lawsuit would be significantly higher than the transaction. If the engineer`s scope had been written in such a way that he made it clear that the engineer is only responsible for the structural planning of the primary structural components and specifically lists those components, the company might have been dismissed from the complaint when it would still have had US$25,000 in legal fees…