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Peer Review Indeminification

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In response to my recent posting entitled, "Need for Peer Review of Seismic
Evaluation and Retrofit Projects", a principal in one of the outstanding
structural engineering firms in the United States took the time to share with
me the following wording, relative to Peer Review Indeminification, that this
firm has been able to have included in their contracts for peer review.  It is
presented below for your review  with your attorney before you include this
wording in any of your professional services contracts.

"It is understood and agreed that this peer review is undertaken to enhance
the quality of the design and to provide additional assurance regarding the
performance of the completed project.  Although the Peer Reviewer will
exercise usual and customary care in providing this review, the responsibility
for the structural design remains fully with the Engineer of Record.
Accordingly, the Owner agrees to indemnify and hold the Peer Reviewer harmless
from and against any and all claims, liabilities, demands, losses, damages and
costs (collectively, "Losses"), including but not limited to costs of defense,
arising out of or in any way connected with the project excepting only those
losses arising out of the sole negligence of the Peer Reviewer established by
a court of law."

By copy of this posting, I am thanking him for sharing this important
information for the good of the civil and structural engineering profession as
well as the public.

Frank E. McClure    FEMCCLURE(--nospam--at)   August 8, 1998