Who was responsible for what
Engineering disputes usually involve several parties at once: the owner, the design professionals, the contractor and subcontractors, manufacturers, and their insurers. Engineers are generally judged against a professional standard of care, meaning what a reasonably careful engineer would have done in similar circumstances, rather than a promise of perfect results. Contracts frequently shape the case through scope definitions, limitations of liability, and dispute provisions, and whether a party with no contract with the engineer can bring a claim varies by state and by the type of harm. Equipment failures may also raise separate warranty or product liability claims against manufacturers.
Evidence and time limits
These cases are built on technical records: drawings, specifications, calculations, submittals, inspection reports, change orders, and project correspondence. Physical evidence may need to be preserved before repairs begin, and other parties should usually be given a chance to inspect it, since discarding or altering it can create problems later. Retained technical witnesses typically analyze the cause of the failure and whether the design met the standard of care. Time limits for claims against design professionals can begin running when their work is completed rather than when the problem is discovered, depending on the state and the type of claim, so waiting to see how bad things get can be risky.
Assessing your position
Whether you are an owner, a contractor, or an engineering firm, our first discussion covers the project, the contracts, the failure or dispute, and who has already been notified. For design professionals, prompt notice to the professional liability insurer is often required by the policy. We look at which parties should be brought in, whether early mediation or an agreed site inspection protocol makes sense, and whether contractual notice or claim procedures apply. Bring the contracts, project documents, photographs, and any claim letters or reports already prepared. If repairs are planned, tell us before work starts so that the conditions can be documented first.
