Need a book? Engineering books recommendations...

Return to index: [Subject] [Thread] [Date] [Author]

Re: California contract law

[Subject Prev][Subject Next][Thread Prev][Thread Next]
Of course, this is all legal mumbo-jumbo, and we all long for a "word and handshake" contracts - but that's what it is.  And in situations that it may be questionable, it is always prudent to follow the letter of the law (refer to BORPELS bulletins).
 
And I've been wrong before, so whatever was offered above is just 2 cents (not necessarily mine), with no other value declared, expressed, or implied. :^)
 
Steve Gordin SE
Irvine CA
 
 
----- Original Message -----
From: Jnapd(--nospam--at)aol.com
To: seaint(--nospam--at)seaint.org
Sent: Tuesday, November 01, 2005 12:22 PM
Subject: Re: California contract law

Steve:
 
I disagree on this one.
 
The proposal is to inform the client which registered engineer is will be signing the plans and calculations.  I do not see anything in the law that indicates that the registered engineer has to produce or sign the proposal.
 
Joe Venuti
Johnson & Nielsen Associates
Palm Springs, CA
No,
 
BORPELS requires that we have a contract, and that we include proof of registration in the contract. Including registration on the contract is a fairly recent board rule.
 
Therefore, what I am saying is this:
 
You must list the principal engineer and his / her registration number in the contract as the responsible party.  The principal does not need to be the person who signs the physical contract, only the actual engineering work performed under the contract. 
 
The person who DOES sign the contract must be a legally designated person within the organization (an officer of the company) who has the power to legally bind the company to a contractual agreement.
 
99% of the time, the person signing the contract is also a registered principal, so the confusion is less.  It is not common to have a non-registered individual who has contractual authority in an engineering firm, and is usually a very large practice or corporation.
 
----- Original Message -----
From: Yi Yang
Sent: Tuesday, November 01, 2005 2:12 PM
Subject: RE: California contract law

This is confusing then, so what you are saying is that the person who signs the contract does not need to be a registered engineer, therefore no need to list PE number on the contract?
 
I guess I should call the board.
 
 
Y i   Y a n g,   S. E.        
STRUCTURAL DIVISION
SUMMIT ENGINEERING INC.
707.527.0775.x162
Santa Rosa, California
 


From: Paul Feather [mailto:pfeather(--nospam--at)SE-Solutions.net]
Sent: Tuesday, November 01, 2005 1:57 PM
To: seaint(--nospam--at)seaint.org
Subject: Re: California contract law

What you list is true, however there are other provisions in the code.
 
Under the current regulations, a non-engineer may be an owner or part owner provided there IS at least one registered engineer in charge of engineering work.  The engineer legally must stamp and sign engineering work; however a contract agreement is not engineering work.  A financial officer or other legal representative of a firm may create legally binding contracts without being an engineer. As long as a duly registered engineer is listed as responsible for the work, it does not matter which corporate entity actually signs the contract.
 
Oddly enough, there are direct provisions where a non-engineer owner cannot legally include their name as part of the firm name; but this does not prohibit the non-engineer owner from entering into legally binding agreements as the firm representative.
 
----- Original Message -----
From: S. Gordin
Sent: Tuesday, November 01, 2005 12:52 PM
Subject: Re: California contract law

Joe,
 
This is not about a proposal, but about a contract; IMO, these two are quite different. 
 
The law is specific: "Before the Professional Engineer or Professional Land Surveyor begins work, they [PE-SG] need to sign a written contract with their client, or his or her representative. ..The written contract must include, but not be limited to, all of the . following:... 3. The name, address, and license or certificate number of the Professional Engineer..."
 
From the horse's mouth (California Business and Professions Code) this sounds like "6749. (a) A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client, or his or her [client's, not PE's-SG] representative..."