It is the policy of the National Society of Professional Engineers (NSPE) to support efforts by state societies to promote legislation such as (1) statutes of repose, (2) certificate of merit, (3) sole-source workers compensation, and (4) Good Samaritan laws to provide a reasonable degree of protection for engineers in the performance of their professional services.
While engineers should be expected to assume reasonable duties and responsibilities in rendering professional services for which engineers have professional competence and expertise, legal and contractual authority, and for which the engineer has appropriate liability insurance and other protections, clients, contractors and other parties should understand the role of the engineer in the design and construction process and not seek to impose unjustifiable liability that undermine the engineer’s responsibility as a licensed professional whose legal and ethical obligation is to protect the public health and safety.
The NSPE position is further expanded, along with model legislation, in NSPE Position Statement 1751.
NSPE Position Statement No. 1751, “Statutes of Repose, Certificate of Merit, Sole Source Workers Compensation and Good Samaritan Laws”