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RE: California contract law

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Well I got a call back from the board, they told me it would be acceptable for a non-PE company officer to sign the contract, if the name and number of a PE-in-charge is included somewhere near the signature. Depend on the size of the company and its operation, the PE-in-charge could always be the other PE-principal (I guess by law you have to have a PE as part owner).
 
 
  
 
Y i   Y a n g,   S. E.        
STRUCTURAL DIVISION
SUMMIT ENGINEERING INC.
707.527.0775.x162
Santa Rosa, California
 


From: S. Gordin [mailto:mailbox(--nospam--at)sgeconsulting.com]
Sent: Wednesday, November 02, 2005 10:14 AM
To: seaint(--nospam--at)seaint.org
Subject: Re: California contract law

Paul,
 
You may be absolutely right (like you have been so many times in the past).
 
What makes me think the way I do is that the law actually reads "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 representative..."   IMO this means not the PE's representative, not theirs (PE's and the client's), but the client's representative.  
 
This may be jut another example of the vague language (look at our latest election brochure!).  Lets wait for the Board's opinion. 
 
Steve Gordin SE
Irvine CA
   
----- Original Message -----
Sent: Wednesday, November 02, 2005 8:12 AM
Subject: Re: California contract law

Steve,
 
The rest of the sentence reads "by the professional engineer and the client, or his or her representative."
 
The rules use the title professional engineer throughout; however there are entire sections describing ownership and use of corporations.  Under law, a corporation is a separate entity that enters agreements and conducts business just like a pseudo-person.
 
I don't think it is as clear cut without interpretation as you do.
 
 
----- Original Message -----
From: S. Gordin
Sent: Tuesday, November 01, 2005 3:48 PM
Subject: Re: California contract law

Paul,
 
Here is the exact language of the law: "written contract shall be executed by the professional engineer."
Not whole lot of interpretation space there... 
 
Steve Gordin SE
Irvine CA
 
----- Original Message -----
Sent: Tuesday, November 01, 2005 3:36 PM
Subject: Re: California contract law

Steve,
 
I believe the registered individual need only be listed, not physically signing the document.
 
But you are 100% correct, when in doubt a call to BORPELS is a really good idea.

 
Paul,
 
Hard to disagree - there are many other provisions of the law.  You are right again, a non-PE can be an owner. However, the way I read the law provision quoted earlier, the non-PE owner can sign the contract only together with the PE.