View this email in your browser
You are receiving this email because of your relationship with LS Credentialing Services LLC. Please reconfirm your interest in receiving emails from us. If you do not wish to receive any more emails, you can unsubscribe here.

"THE CREDENTIAL"

May 2019

CASE STUDY: 

An Engineering Intern Could Not Be Liable For Professional Negligence


This time of year our thoughts turn to those sitting for professional licensing board exams and new professionals venturing into the real world of engineering, architecture, landscape architecture, land surveyors, etc.  Guest Author J. Kent Holland, Jr., construction lawyer, Founder and President of ConstructionRisk LLC, a national consulting firm, introduces a Case Study concerning professional negligence. Kent teaches us about the critical nature of precise legal language associated with practicing engineering and contractual agreements.* 


A developer filed suit against an engineering firm, two licensed engineers and one engineer intern.  The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed engineers and did not himself sign and seal relevant plans, or otherwise use any professional designation in connection with the project. 
The court does not discuss the merits of the suit against the two licensed individuals but it should be noted that in Florida, to protect individual engineers against liability it is important to include in the contract the following sentence, in all capital letters, and 5 font sizes larger than the text in the balance of the contract.  "PURSUANT TO FLA.STAT.ANN. § 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE."  Sunset Beach Investments, LLC v. Kimley-Horn and Associates, Inc., 207 So.3d 1012 (Fla. App. 2017). 

The engineer intern moved for summary judgment on the basis of immunity from suit because he was not a licensed professional and was merely an employee of Kimley-Horn. 

His affidavit stated he had never been a professional engineer licensed in any state and is not subject to regulations in the State of Florida.

Under Florida common law, "where the negligent party is a professional, the law imposes a duty to perform the requested services in accordance with the standard of care used by similar professionals in the community under similar circumstances."   The issue in this appeal said the court, turns on the definition of "professional" for purposes of a professional negligence claim. 
The appellate court concluded:  "We conclude that licensed engineer could be subject to a claim for professional negligence, as engineering is a profession which requires special education, training, skill.  But [the intern] did not satisfy the requirements to be a licensed engineer.  Instead, he was an engineer intern, which the legislature classifies differently from a licensed engineer." 

The plaintiff attempted to get around the requirement that the individual must have "special education" by arguing that this was a subjective determination to be made by the court.  The court explained that test would require courts to decide what qualifies as "special education," what qualifies as "training," and what is acceptable "experience."  At a minimum, concluded the court, "in a profession where a license exists, the existence of license is a valid barometer for determining whether a person is classified as a professional." 

The Florida legislature did not include "engineer intern" within the definition of "engineer."  The statutory definitions, said the court, "clearly indicate that being an 'engineer intern' does not make a person an engineer."  For these reasons, the court concluded that the intern was immune from suit. 

COMMENT:  As stated in the introductory paragraph of this article, the court didn't discuss the merits of the suit against the two licensed individuals.  In Florida, to protect individual engineers against individual liability it is important to include in the contract the following sentence, in all capital letters and 5 font sizes larger than the text in the balance of the contract.  "PURSUANT TO FLA.STAT.ANN. § 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE." 

This is necessary because previous Florida court decisions have found that the individual engineers may owe an independent duty of care to the client and third parties.  One problem that can create is that if the engineering corporation has a good contract with reasonable allocation of risk, including a limitation of liability clause, that might not apply to the individual employee that is sued by the client for breach of an independent duty of care. 

* This article was originally publisned in ConstructionRisk.com Report, Vol. 20, No. 9 (Oct 2018)


Getting back to the basics of practicing professional engineering, architecture, landscape architecture, land surveying, etc., we strongly encourage new graduates to sit for their licensing board exams.   Your professional license will be your most precious asset.  Additionally, professional affiliation memberships are important credentials to pursue as you grow your career.  We help licensed professionals  manage their credentials, for more information visit AECredentialing.com or call us at 913-608-7880. 

We celebrate:

Memorial Day
May 27, 2019

We honor those who currently serve our country, all military veterans, and those who have given the ultimate sacrifice. 


 Contact Details:

LS Credentialing Services, WBE Certified, P.O. Box 91, Olathe, KS 66051

Info@AECredentialing.com

913-608-7880


Join us in our efforts to go "green". Think before you print.



__________________________________________





Now delivering
Business Credentials Compliance services

 

Professional legal services for business credentials compliance includes:

 

* Existing corporate credentials registration compliance review

* Corporate credentials quarterly maintenance

* Corporate credentials documents filing

* Potential new corporate registration legal research with recommendations

 

Your questions and critical issues will be addressed with exceptional personal service when you call 913-608-7880.


____________________



License Renewal Dates

Architects:

Jurisdiction License Renewal Due Date



05/2019

None

06/2019

Georgia,
Iowa - last name
first initial L-Z,
Kansas - last name first initial M-Z,
Kentucky, Maine, Montana,
North Carolina (7/1),
North Dakota, Oklahoma, Pennsylvania,
South Carolina,
West Virginia


_________________



Engineers:
Jurisdiction License Renewal Due Date

     

05/2019

None

06/2019

Kentucky - last name first initial A-K,
Nevada,
Oregon - last name first initial G-K,
Rhode Island, Texas


_________________


Landscape Architects:
Jurisdiction License Renewal Due Date
 

05/2019

Pennsylvania

06/2019

Iowa, Kentucky, Maine, Montana, Nevada, New Mexico, North Carolina (7/1),
North Dakota, Oklahoma,
Rhode Island,
West Virginia (7/1)


_________________


If your license renews on your date of birth this month, or by state requirement when your license origination occurred, it's time to renew.

_____________________




Contact us to receive a custom monthly credentials report containing:



*All A/E/LA national and international licensure status with renewal dates

*Professional affiliation membership types with renewal dates

*Current multi-discipline continuing education requirements needed

*Comprehensive recorded history of categorized education credits


Learn more about our innovative and easy-to-use service at: AECredentialing.com.



Facebook
Google Plus
Twitter

P.O. Box 91, Olathe, KS, 66051


Unsubscribe