Design in Jeopardy: The Expanding Legal Responsibilities of Engineers

Abstract

The rise in the number of lawsuits against engineers and architects has become a major concern to the design profession. Engineers and architects face lawsuits not only from their clients, but from contractors, construction workers and users of their designs. This article traces the evolution of this situation through a review of significant legal decisions. Until the 1950s designers were generally protected from lawsuits from third parties by the privity doctrine, and there was no need for professional liability insurance. Courts have since allowed greater latitude to the parties who can bring lawsuits against designers. The result has been a skyrocketing increase in the cost of professional liability insurance, making the coverage too costly for many small firms. Even more serious is the discouragement to creativity in design that this has caused. This is a serious problem that can only be solved by the active cooperation of the engineering, architecture and legal professions.