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Owner Q&A · Risk and insurance

How do professional standards of care affect engineering risk?

The standard of care is a legal and professional concept used to assess whether engineering services met the level expected under the relevant circumstances. Its application depends on the jurisdiction, facts, contract, discipline, and work performed. It is not automatically a promise of a perfect result or a guarantee that construction will be free of problems. Owners should be cautious about contract language that turns professional services into a warranty of outcomes.

A firm can manage related risk through clear scope, qualified staff, sound project controls, and useful records. At kickoff, identify the services, assumptions, client-provided information, exclusions, and decisions the client must make. Assign a licensed professional engineer with appropriate responsibility for technical work. Establish review steps that fit the project and document who completed them. Record material design decisions, coordination issues, field observations, client directions, and the basis for significant recommendations.

Use governing codes and standards that apply to the work, and keep track of which version or project criteria the team is using. If the client requests a change that affects performance, scope, or schedule, explain the implications and document the direction received. If staff identify a material issue, raise it through the project’s communication path and record the response. A checklist can help a team remember a step, but it cannot determine whether a specific design met the standard of care.

Contract terms shape expectations and responsibilities, but they do not erase applicable professional duties. Ask counsel to review provisions that promise a result, impose a heightened standard, or conflict with the firm’s normal services. Ask the insurer whether the wording could affect coverage. For a dispute, preserve project records and coordinate with counsel, the insurer, and qualified technical experts before making conclusions or responding in detail.

After a project or claim, review whether the firm’s process needs a practical adjustment. That could mean clarifying design assumptions in the proposal, assigning a specific reviewer, or improving how staff document client decisions. Keep the change focused on the actual issue, and communicate it to the staff who perform similar work.

This is general education, not legal or engineering advice; qualified counsel, licensed PE judgment, and local codes govern.

Richard C. Wilson

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