Personal: yes, professional: no. There are lots of business applications
which can generate liability which are not related to errors and
omissions on our drawings. When you see a multipage engineering
proposal, it may very well be the EJCDC short form, or some derivative.
The language tends to be fair, and most of the text outside the scope of
work merely spells out the payment requirements, how to cancel the
contract, the limitations of liability (which must be reasonable or they
are unenforceable), the dollars involved, and a rate schedule. It takes
5 pages, in my case. The long form is a small booklet, most of which
describes exactly who is responsible for what.
How long is your standard Real Estate Contract, if typed in 10 point TNR
with 1.25" margins on 8.5x11 paper? The last one I saw in Virginia
would probably come out to about 10 pages, not including the disclaimers
and state mandated disclosure sheets (asbestos, lead paint, etc.). I'd
say you're darned lucky that engineers aren't as organized as
real-estate agents, or you'd find that we all used identical, draconian
contracts and our fees would be, mysteriously, nearly identical (though
we would swear under oath that 2% of total construction value was simply
a reflection of what the market would bear, and was in no way related to
collusion or price fixing).
(I know, don't feed the trolls...but I just can't help it.)
Kevin Polin wrote:
I thought this was covering professional and personal liability?
Is there any real way to protect your self from professional liability
except for doing a good job and covering your basis?
I have a Real Estate License and a Manufactured Home Dealers license
that are in my name and if I screw up, very simply the state of
California will take them from me. So I try and stay sharper than the
When I see a engineering proposal that is 5 pages of legal mumbo jumbo
and 1 page or less of a project scope and price. I will pass every time.
The last two engineers that I chose were 1 page proposals and a price.
The 10 that I passed up had so much legal B.S., which I could not in
good faith use them.
The liability should be spread between all parties involved in a
transaction, in good faith the liability should not all fall upon the
client or all upon the engineer. In a real Estate transaction especially
when buying VACANT LAND, FORECLOSURES, FIXER UPPERS if I feel that my
client is a little heavy on the liability side, I would rather cancel
the deal than expose myself or them to too much liability. It's just not
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