Autodesk Technology Managers Forum
Share your knowledge, ask questions, and engage with fellow CAD/BIM Managers.
cancel
Showing results for 
Show  only  | Search instead for 
Did you mean: 

Handling third party liability

7 REPLIES 7
Reply
Message 1 of 8
Anonymous
223 Views, 7 Replies

Handling third party liability

I'm looking into providing drafting services (not design services) to
various engineering firms, rather than work for one firm exclusively. My
question is, how do I handle (preferably eliminate) any potential third
party liability. For example, if I draft exactly what was given to me but it
was wrong and the engineering firm (my client) gets sued, how do I prevent
myself from being dragged through the mud, into court or at the very least
stuck paying out thousands in legal fees? I'm a one man show and would
really like to limit this type of activity. I feel that if the bigger firms
learn of my insurance coverage I may become an easy target. Any suggestions?
How do the independant contractors in the NG handle this? Thanks, JL
7 REPLIES 7
Message 2 of 8
Anonymous
in reply to: Anonymous

How about a contract that says you aint liable for anything..
Even if it IS drawn wrong..

They need to check it. Afterall, they are the ones signing the drawigs.

"Jake" wrote in message
news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> I'm looking into providing drafting services (not design services) to
> various engineering firms, rather than work for one firm exclusively. My
> question is, how do I handle (preferably eliminate) any potential third
> party liability. For example, if I draft exactly what was given to me but
it
> was wrong and the engineering firm (my client) gets sued, how do I prevent
> myself from being dragged through the mud, into court or at the very least
> stuck paying out thousands in legal fees? I'm a one man show and would
> really like to limit this type of activity. I feel that if the bigger
firms
> learn of my insurance coverage I may become an easy target. Any
suggestions?
> How do the independant contractors in the NG handle this? Thanks, JL
>
>
>
>
Message 3 of 8
Anonymous
in reply to: Anonymous

Assuming I've drawn everything correctly. I'm more concerned about getting
an incorrect design or wrong information from my client (the engineering
firm) and then being dragged into the mess simply by third party
association. JL



"F. Gump" wrote in message
news:CE3623490CB3F8A381CAE23BE81C0974@in.WebX.maYIadrTaRb...
> How about a contract that says you aint liable for anything..
> Even if it IS drawn wrong..
>
> They need to check it. Afterall, they are the ones signing the drawigs.
>
> "Jake" wrote in message
> news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> > I'm looking into providing drafting services (not design services) to
> > various engineering firms, rather than work for one firm exclusively. My
> > question is, how do I handle (preferably eliminate) any potential third
> > party liability. For example, if I draft exactly what was given to me
but
> it
> > was wrong and the engineering firm (my client) gets sued, how do I
prevent
> > myself from being dragged through the mud, into court or at the very
least
> > stuck paying out thousands in legal fees? I'm a one man show and would
> > really like to limit this type of activity. I feel that if the bigger
> firms
> > learn of my insurance coverage I may become an easy target. Any
> suggestions?
> > How do the independant contractors in the NG handle this? Thanks, JL
> >
> >
> >
> >
>
>
Message 4 of 8
Anonymous
in reply to: Anonymous

Jake,

I think it would be next to impossible for you as a draftsman to be sued for
such a thing, since the engineers, architect's and other professionals are
liable for checking drawings with their seal and signature on them. That
seal and signature doesn't mean they've done the work themselves, but
overseen the individuals doing the work. There may be some licensure issues
with the fact that you are not under their direct supervision, but those are
their issues to deal with as well.

James Dee
www.caddee.com




"Jake" wrote in message
news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> I'm looking into providing drafting services (not design services) to
> various engineering firms, rather than work for one firm exclusively. My
> question is, how do I handle (preferably eliminate) any potential third
> party liability. For example, if I draft exactly what was given to me but
it
> was wrong and the engineering firm (my client) gets sued, how do I prevent
> myself from being dragged through the mud, into court or at the very least
> stuck paying out thousands in legal fees? I'm a one man show and would
> really like to limit this type of activity. I feel that if the bigger
firms
> learn of my insurance coverage I may become an easy target. Any
suggestions?
> How do the independant contractors in the NG handle this? Thanks, JL
>
>
>
>
Message 5 of 8
Anonymous
in reply to: Anonymous

From my limited knowledge James is correct. The one exception may be if you
are a registered engineer or architect. Then they might be able to argue
that they were paying for your services because you were registered and
could approve and seal the drawings.

I've always been under the assumption that you need to provide a clause in
your contract and also put it on your titleblock that the drawing is not to
be used for fabrication until reviewed and signed by a registered engineer.

--
**************************************************************************
Rodney McManamy - President
CADzation (formerly MACSolids)
Innovative CAD Customization
AcroPlot(TM) - Plot multiple AutoCAD drawings to a single
PDF document without using Adobe Acrobat.
website: www.cadzation.com
AcroPlot, CADz3Dto2D, CADzation, CADzDesign, and CADzRelease are trademarks
of CADzation
**************************************************************************
"CADDee.com" wrote in message
news:B1CB77D2BD874C6291846F0CC7C5AA5F@in.WebX.maYIadrTaRb...
> Jake,
>
> I think it would be next to impossible for you as a draftsman to be sued
for
> such a thing, since the engineers, architect's and other professionals are
> liable for checking drawings with their seal and signature on them. That
> seal and signature doesn't mean they've done the work themselves, but
> overseen the individuals doing the work. There may be some licensure
issues
> with the fact that you are not under their direct supervision, but those
are
> their issues to deal with as well.
>
> James Dee
> www.caddee.com
>
>
>
>
> "Jake" wrote in message
> news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> > I'm looking into providing drafting services (not design services) to
> > various engineering firms, rather than work for one firm exclusively. My
> > question is, how do I handle (preferably eliminate) any potential third
> > party liability. For example, if I draft exactly what was given to me
but
> it
> > was wrong and the engineering firm (my client) gets sued, how do I
prevent
> > myself from being dragged through the mud, into court or at the very
least
> > stuck paying out thousands in legal fees? I'm a one man show and would
> > really like to limit this type of activity. I feel that if the bigger
> firms
> > learn of my insurance coverage I may become an easy target. Any
> suggestions?
> > How do the independant contractors in the NG handle this? Thanks, JL
> >
> >
> >
> >
>
>
Message 6 of 8
Anonymous
in reply to: Anonymous

Jake

Remember the old lawyer addage, sue them all and let the judge sort them
out.... If a firm is sued you will be hauled into court. How else will the
leec..ah lawyers make a living. However if you are not a Professional
engineer your legal exposure is very limited!

HTH

Shawn

"Jake" wrote in message
news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> I'm looking into providing drafting services (not design services) to
> various engineering firms, rather than work for one firm exclusively. My
> question is, how do I handle (preferably eliminate) any potential third
> party liability. For example, if I draft exactly what was given to me but
it
> was wrong and the engineering firm (my client) gets sued, how do I prevent
> myself from being dragged through the mud, into court or at the very least
> stuck paying out thousands in legal fees? I'm a one man show and would
> really like to limit this type of activity. I feel that if the bigger
firms
> learn of my insurance coverage I may become an easy target. Any
suggestions?
> How do the independant contractors in the NG handle this? Thanks, JL
>
>
>
>
Message 7 of 8
Anonymous
in reply to: Anonymous

I'd have to votre with Shawn on this one, no matter how carefully you limit
your responsibilities and liability, if someone decides that tehy are going
to sue, you're going to get dragged into it. I think tha thte best thing
for you to do, if it really concerns you, is to hire an attorney to draw up
a standard form of contract for you to use, that will serve to get you out
of the litigation as quickly as possible. You may also talk to the attorney
about setting up that contract to make it the responsibility of the firm
that employs you to handle the legal expenses of getting you out of any
trouble that they get you into.

But these are really lawyer issues, not architect and engineer issues. So
get a lawyer.


"Shawn Romkeys" wrote in message
news:5466F65E1FBEDAE6771F8C416C7D5D08@in.WebX.maYIadrTaRb...
> Jake
>
> Remember the old lawyer addage, sue them all and let the judge sort them
> out.... If a firm is sued you will be hauled into court. How else will
the
> leec..ah lawyers make a living. However if you are not a Professional
> engineer your legal exposure is very limited!
>
> HTH
>
> Shawn
>
> "Jake" wrote in message
> news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> > I'm looking into providing drafting services (not design services) to
> > various engineering firms, rather than work for one firm exclusively. My
> > question is, how do I handle (preferably eliminate) any potential third
> > party liability. For example, if I draft exactly what was given to me
but
> it
> > was wrong and the engineering firm (my client) gets sued, how do I
prevent
> > myself from being dragged through the mud, into court or at the very
least
> > stuck paying out thousands in legal fees? I'm a one man show and would
> > really like to limit this type of activity. I feel that if the bigger
> firms
> > learn of my insurance coverage I may become an easy target. Any
> suggestions?
> > How do the independant contractors in the NG handle this? Thanks, JL
> >
> >
> >
> >
>
>
Message 8 of 8
Anonymous
in reply to: Anonymous

I'd agree with the previous... but a last-case defense is to have a good
(snicker) accountant who can file bankruptcy papers once you're
threatened...
(Can't get blood from a stone, eh?)
The lightning rod is the license, though.


"Charles Prettyman" wrote in message
news:F38C32AD2C3F4E9EB225AB4CA8A32FF7@in.WebX.maYIadrTaRb...
> I'd have to votre with Shawn on this one, no matter how carefully you
limit
> your responsibilities and liability, if someone decides that tehy are
going
> to sue, you're going to get dragged into it. I think tha thte best thing
> for you to do, if it really concerns you, is to hire an attorney to draw
up
> a standard form of contract for you to use, that will serve to get you out
> of the litigation as quickly as possible. You may also talk to the
attorney
> about setting up that contract to make it the responsibility of the firm
> that employs you to handle the legal expenses of getting you out of any
> trouble that they get you into.
>
> But these are really lawyer issues, not architect and engineer issues. So
> get a lawyer.
>
>
> "Shawn Romkeys" wrote in message
> news:5466F65E1FBEDAE6771F8C416C7D5D08@in.WebX.maYIadrTaRb...
> > Jake
> >
> > Remember the old lawyer addage, sue them all and let the judge sort
them
> > out.... If a firm is sued you will be hauled into court. How else will
> the
> > leec..ah lawyers make a living. However if you are not a Professional
> > engineer your legal exposure is very limited!
> >
> > HTH
> >
> > Shawn
> >
> > "Jake" wrote in message
> > news:7521EF0A7452E56E8E93DB3C5234960D@in.WebX.maYIadrTaRb...
> > > I'm looking into providing drafting services (not design services) to
> > > various engineering firms, rather than work for one firm exclusively.
My
> > > question is, how do I handle (preferably eliminate) any potential
third
> > > party liability. For example, if I draft exactly what was given to me
> but
> > it
> > > was wrong and the engineering firm (my client) gets sued, how do I
> prevent
> > > myself from being dragged through the mud, into court or at the very
> least
> > > stuck paying out thousands in legal fees? I'm a one man show and would
> > > really like to limit this type of activity. I feel that if the bigger
> > firms
> > > learn of my insurance coverage I may become an easy target. Any
> > suggestions?
> > > How do the independant contractors in the NG handle this? Thanks, JL
> > >
> > >
> > >
> > >
> >
> >
>
>

Can't find what you're looking for? Ask the community or share your knowledge.

Post to forums  

Administrator Productivity


Autodesk Design & Make Report