Personal Liability of the Practicing Engineer

Personal liability is a topic to which many practicing engineers do not give serious consideration. When it is discussed, the magnitude of potential personal liability is frequently poorly understood. The reality is that engineers can be personally liable through tort law theories even when practicing for an employer. As a result, engineers place all of their assets at risk in the practice of their profession-as do many practicing professionals in fields other than engineering. Similarly, the effect on personal liability of obtaining a professional engineering (P.E.) license or sealing plans is equally misunderstood among practicing professionals. This paper examines the scenarios in which a practicing engineer can face personal liability for mistakes, errors, or omissions made by that engineer. It also explores whether being licensed or unlicensed creates or protects an engineer from personal liability, as well as the liability created or avoided by sealing (or not sealing) plans and specifications. Finally, this paper analyzes the potential length of time an individual may be liable for acts on a project after that project's conclusion. (c) 2016 American Society of Civil Engineers.