If your company is not involved with construction (but just design or inspection), make sure the contract states that the construction contractor is responsible for site safety, not the “engineer” or your company.

There should also be clauses so your company is also indemnified.

The construction means and methods and related safety should be the responsibility of the construction contractor. This must be in writing in the contract.

Your company should be included as additional insured on the contractor’s general liability insurance.

Liability coverage should define who it specifies as being covered. If it covers the “engineer” your company must document and include that it includes your company as well.

Tagged with: indemnify • insurance • liability

Filed under: Construction • Contract • Contractors • Documentation • Risk • Safety • Scope

If you believe a schedule required by the client is unreasonable, you should document your reasons for believing so, and inform the client of those concerns in writing.

If the client still chooses to go ahead with a schedule that you are not a party to (for example for their construction contractor) but using your company’s designs, you should inform them (with details) of your concern in writing.

This may reduce the possibility of claims and your liability in the event of contractor over runs.

If you believe a contractor’s schedule is unreasonable, you should also inform the client in writing.

Tagged with: claims • concerns • liability • overruns • schedule

Filed under: Client • Contractors • Planning • Risk

Avoid the use of superlatives in contracts and documents.

E.g. “all, make sure, assure, insure, as necessary”.

These can be interpreted as making a guarantee.
It would be better to use phrases such as “The company shall report observed failures of the contractor to the client”, instead of “The company will inspect all of the work to make sure it complies.”

This means you are not responsible for work you don’t do, you just report failures. If you leave the “make sure it complies” part, your company could be held liable for failures that are out of your control and not part of your work.

Generalisations should be avoided. Specifics are better.

Tagged with: generalisation • guarantee • liability • specifics

Filed under: Contract • Documentation • Risk