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Fwd: Re: Limit of Liability

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In a message dated 97-04-08 22:23:57 EDT, wish(--nospam--at)cyberg8t.com (Dennis S. Wish
PE) writes:

>I restrict my liability to my fee's less expenses and have done this for the
>past ten years or so.

     I also have included this in my contract except for work with
municipalities. 

      At the last meeting of the consulting structural engineer's society
(CSES ) in L.A., lawyer Stephen Swartz gave a presentation on this subject.
His practice is exclusivly defending engineers ( for insurance companies ) . 
     He said: 
         limitation of liability is definately valid.

        You are far less likely to be sued if you do not  have insurance. .

       You should discard your calc's when the job is done and they are no
longer required to complete the job.. This is important because an expert can
always find something wrong with your calc's . The expert will then have
several thousand $ fee that the lawyer has to pay. The lawyer is not going to
drop a suit when he has paid several thousand $ especially when you have
insurance. Lawyers have access to experts that will get the answers they
want. On the other hand if you have no calc's, a good engineer can usually
fine tune new calc's to make a plan work.    In general his opinion was that
the less paper you have the better off you are.

       OSB will be the next big lawsuit area because once he shows a jury OSB
exposed to moisure compared to plywood exposed to moisture they will award
big $. He told those attending they have now been warned not to use it.

     All condos of 15 units or more will have lawsuits . Without exception in
the future.
   
     Disclaimer : these were opinions from a lawyer 

     Tom Harris, SE
     Thousand Oaks, CA



     


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Date: Tue, 8 Apr 1997 23:08:15 -0400 (EDT)
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Subject: Re: Limit of Liability
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