Engineers are judged against the ordinary standard of care of reasonably prudent peers — not perfection. Liability follows duty, breach, causation, and damages. Contract claims and tort claims are distinct; limitation-of-liability clauses are construed strictly.
duty
Obligation to the client/public
breach
Failure to meet the standard of care
Step-by-step solved example
A design meets code but a reasonably careful PE would have flagged a known local soil risk. Is that a breach?
1. Standard
Code is a minimum, not the whole standard of care. Local practice and known hazards count.
2. Conclusion
Yes — a peer would have investigated, so a jury can find breach even with a code-compliant drawing.
Answer: Yes: code compliance ≠ automatic satisfaction of the standard of care
10 practice questions
0/10 correct
1.Negligence needs
2.Standard of care is
3.A limitation-of-liability clause
4.Privity of contract
5.Errors-and-omissions insurance covers
6.Shop drawings stamped without review
7.Betterment (owner would have paid for the omitted beam anyway)
8.Expert testimony on standard of care
9.A PE who follows the owner’s illegal instruction