Design and Construction Contract Provisions

NSPE Professional Policy No.: 
171
Adopted: 
Unknown
Latest Revision: 
September 2015
Sunset Date: 
September 2020
NSPE Contact: 
Board of Directors

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.

Reference

NSPE Position Statement No. 1750, “Design and Construction Contract Provisions”