Potential Malpractice Liability of Civil Engineers

Abstract

Civil engineers and surveyors are not by law insurers of the correctness and accuracy of their work. They can, however, be held liable in damages for negligence, mistakes and misrepresentations in the performance of their work. Liability can extend to parties with whom the engineer did not have a contract, but who can be reasonably foreseen to rely on the work. Damages may include compensation for out of pocket expenditures and, if the action is determined to be taken with a willful and wanton disregard for property rights, punitive damages may be assessed. Liability is determined by considering the standard of care and competence expected of a civil engineer, the legal liability to those affected by the engineer's work but not in a contractual relationship, legal liability to non‐contracting parties when the engineer has guaranteed the accuracy of his work, and the affect of statutes of limitation.