Does structural engineer limit his negligence liability?
I agree it does not make sense and yet it does. You call in a structural engineer to get to the bottom of an involved structural issue or to ‘rubber stamp’ a proposal therefore you need answers that may not be found through other professionals. However, Engineers are human and prone to make mistakes. Engineers have to depend upon info and data often times garnered from someone else. The Engineer’s work product is only as good as the information provided or obtained through empirical observation. The exculpatory wording of the contract is to protect the Engineer against liability in the event of a mistake either on the engineer’s part or some other party’s part upon which the Engineer depends. This wording is similar to that of a Home Inspector’s contract and is legal. However any attorney can find a loophole in the language and argue that the negligent act rises to gross negligence or wanton and intentional negligence and his/her liability is not protected at that point. I’M NOT AN ATT
