It is the policy of the National Society of Professional Engineers that engineers should assume duties and responsibilities in professional services contracts (or other agreements) for which engineers have professional competence and expertise, legal and contractual authority, and for which the engineer has appropriate liability insurance and other protections. Contractual provisions such as “indemnification/hold harmless,” “guarantee/warranty,” “liquidated damages,” and other contractual provisions that seek to shift risks from the parties in the best position to assume those risks to the engineer are inappropriate. Clients, contractors, and other parties should understand the role of the engineer in the design and construction process and not seek to impose contractual provisions that undermine the engineer’s responsibility as a licensed professional whose legal and ethical obligation is to protect the public health and safety. NSPE’s position on such provisions is further defined in NSPE Position Statement 1750.
NSPE Position Statement No. 1750, “Design and Construction Contract Provisions”