Yes. The Engineers Joint Contract Documents Committee agreement between Owner and Engineer for Professional Services (EJCDC E-500) defines “record drawings” as the “Drawings depicting the completed project, prepared by Engineer as an additional service and based solely on Contractor’s record copy of all drawings, specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction.

In most states, the answer is no. A recent case in Ohio, Trucco Construction Co. Inc v. Fremont (2013 WL 494353, Ohio App. 6th Dist, Feb 8, 2013), is instructive. In that case, when an engineering firm was retained to perform services on a construction project and was sued by the general contractor, a trial court held and an appellate court agreed that the engineer was not an employee of the city for purposes of the statute providing immunity from tort liability to the city and its employees. According to the court, the sovereign immunity statute did not extend to independent contractors such as the engineering firm. Similar results have been reached in North Carolina and Kentucky.

It may not be typical but it is not unusual. When confronted with a request for absolute compliance, engineers should communicate their concerns about the wording. Use of the word “all” expands legal and professional obligations and may leave engineers vulnerable to claims of negligence. As we all know, there are thousands of laws, regulations, codes, and standards that relate to the engineering design and construction process. All are subject to change and many are open to interpretation, but not all apply to a given project.

Yes. Under the Montana Code (Mont. Code Ann. Section 35-4-404), an individual who renders professional services as an employee of a professional corporation, including a professional limited liability company, is liable for any negligent or wrongful act or omission in which he personally participates to the same extent as if he had rendered such services as a sole practitioner. However, an employee of a professional corporation is not liable for the conduct of other employees unless he is at fault in appointing, supervising, or cooperating with them.

According to Arizona State Board of Technical Registration, if an engineering document is revised by the originating licensee after the sealed document is signed and dated, that licensee may either a) add language indicating the date, nature, and scope of the revisions, or b) reseal, re-sign, and redate with the current date. However, it is not acceptable to alter the original date accompanying the seal. When multiple sheets in a set of professional documents are individually sealed, only those revised sheets need to be resealed and signed. The cover sheet for the set does not need to be resealed unless the cover sheet has been revised.

Yes. As an example, the Wyoming Professional Engineering Law defines “gross negligence” as “a substantial or habitual deviation in professional practice from the standard of professional care exercised by members of the registrant’s profession, or a substantial or habitual deviation from any technical standards issued by a nationally and/or state-recognized professional organization made up of members of the registrant’s profession, or a substantial or habitual deviation from requirements contained in state laws, board regulations, local ordinances, or regulations related to the registrant’s professional practice.

According to the Louisiana Professional Engineering and Land Surveying Board, individual sole proprietorships that bear the full name of the owner who is a licensed professional are not required to register as an entity with the board. However, sole proprietorships that do not bear the full name of the owner who is a licensed professional must be licensed with the board as an engineering firm. If the owner operates his business through an entity (e.g., corporation, limited liability company, partnership), then it is not a sole proprietorship and must be licensed by the board as any other firm.