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Re: California: Legal and liability - using my stamp

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List
After reading all the input from the list and knowing
what I know now, I would not go into engineering on
my own.  Too late.  But I still like engineering, it's
all the responsibility that gets to me occasionally.
Gary


On 7 Jun 2004 at 17:01, Dave Adams wrote:

> O.K., maybe I'm missing something ...
> 
> Section 411(g)1 of the Board Rules:  "All professional engineering
> plans, specifications, ... , shall be signed and sealed in accordance
> with the requirements of the Professional Engineers Act ... and shall
> be signed and sealed in a manner such that all work can be clearly
> attributed to the licensee(s) in responsible charge of the work."
> 
> Section 404.1 of the Board Rules defines "responsible charge" as
> follows (I've included excerpts for the sake of brevity):   The term
> "responsible charge" directly relates to the span or degree of control
> a professional engineer is required to maintain while exercising
> independent control and direction of professional engineering work and
> to the engineering decisions which can be made only by a professional
> engineer.  The professional engineer who signs engineering documents
> must be capable of answering questions asked by equally qualified
> engineers.  These questions would be relevant to the engineering
> decisions made during the individual's participation in the project
> and in sufficient detail to leave little question as to the engineer's
> technical knowledge of the work performed.  Additionally, the term
> "responsible charge" relates to engineering decisions and does not
> refer to management control in a heirarchy of professional engineers
> except as each of the individuals in the heirarchy exercises
> independent engineering judgement and thus responsible charge.
> 
> Now, it seems to me that if BOB did the design and made the
> engineering decisions for a building, then BOB MUST stamp/seal the
> engineering documents and CANNOT make his boss TOM sign them since TOM
> DID NOT have responsible charge of the project.  For those of you
> working in California, does that appear to be an obvious
> interpretation of the Board rules or am I missing something (which is
> entirely possible)??
> 
> Dave K. Adams, S.E.
> Lane Engineers, Inc.
> Tulare, CA
> E-mail:  davea(--nospam--at)laneengineers.com <mailto:davea(--nospam--at)laneengineers.com> 
> 
> 
> 
> -----Original Message-----
> From: Jordan Truesdell, PE [mailto:seaint(--nospam--at)truesdellengineering.com
> <mailto:seaint(--nospam--at)truesdellengineering.com> ] Sent: Monday, June 07, 2004
> 12:17 PM To: seaint(--nospam--at)seaint.org Subject: Re: Legal and liability -
> using my stamp
> 
> 
> I assume that you have ascended to "partner" status: have received
> partial ownership and direct say in the running of the company, have
> been extended a handsome salary increase as well as defined bonus
> package, and have access to the use of the companies lawyers.  If not,
> you've just been offered an uncompensated opportunity for  significant
> personal liability.
> 
> Are you willing to lose you license and all you possessions for the
> good of the company?  That's what they are asking you to risk.  I
> would ask about E&O as well as covereage for prior acts after you
> leave the company (your liabilities will follow you).
> 
> Personally, I would never seal documents from a company in which I was
> not an owner - it's just not worth the risk.
> 
> At 12:55 PM 6/7/2004 -0400, you wrote:
> >Hello,
> >
> >I may be asked to start using my stamp on calcs and drawings that I
> >and others have produced where I work.  All the legal and liability
> >issues are new territory for me and for the firm.  In addition to
> >obtaining E. & O. insurance, what other ducks need to be lined up? 
> >Any advice/stories would be appreciated.
> >
> >TIA
> >Mark Johnson PE
> 
> 
> Jordan Truesdell, PE, Principal
> 
> Truesdell Engineering, Inc.
> Structural Consulting and Design
> 434 Bluegrass Trail Studio #23
> Newport, VA 24128-0342
> www.truesdellengineering.com
> 
> 
> 
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