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California contract law: BORPELS

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Paul,
 
I just got a call from Sally Strubinger, Engforcement Analyst with BORPELS.  Ms. Strubinger called me back in response to my inquiry regarding the Board position toward the contract law provision we discussed.  Here is the summary of her response.
 
1) The engineering contract may be prepared and signed by any authorized representative of the company, but it needs to be signed (executed) by a PE, and contain the PE's license number.
 
2) The PE who signs the contract should not necessarily be the exactly PE who will work on the project.
 
3) There are several exclusions to this law, but generally it should be followed as noted above.
 
4) "It is still a relatively new issue, so the board is not pursuing its reinforcement aggressively." However, the intent of the law is directly reflected in its language.
 
HTH
 
Steve Gordin SE
Irvine CA
   
----- Original Message -----
From: S. Gordin
Sent: Wednesday, November 02, 2005 10:13 AM
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.