Structural Engineers Association of Colorado

Structural Engineers Association of Colorado - Event Information

Event Name:

SEAC May General Meeting

Description:

SEAC May Breakfast Meeting
May 21, 2020
via Webex
7:30am-9:30am

PRESENTATION: Standard of Care…in Theory and in Practice
The standard of care is not a frequent topic of discussion among practicing structural engineers. Rather, it generally comes to the fore only when design and/or construction related disputes or problems occur. When such disputes lead to litigation, liability for a professional is triggered only if it is demonstrated that the services provided by the professional were in some way negligent, i.e. he or she failed to meet the standard of care, the benchmark by which the legal system judges an engineer’s performance.
The legal definition of the standard of care may vary somewhat from state to state, but typically requires a professional to provide structural engineering services with the level of skill, care and learning ordinarily used by other practicing professionals performing similar services and practicing under similar circumstances, in the same locality, and during the same time frame. An engineer’s work must be objectively evaluated with the standard of care criteria to fairly conclude conformance or non-conformance.
This presentation is intended to assist practicing structural engineers in understanding the nuances of the standard of care and how their services and work product will be judged; it is also intended to provide guidance for professionals who are retained as consulting experts in critiquing the work of other engineers. The presentation will explore the various aspects of the commonly used definition of standard of care, review some general rules of law pertaining to the definition, compare and contrast the standard of practice with the standard of care, discuss bad outcomes versus negligence, examine the continuum between mistakes and malpractice, and address construction that is not compliant with an engineer's plans and specifications.

SPEAKER
Jerry Maly, PE, is a Principal in the Denver, Colorado office of Wiss, Janney, Elstner Associates, Inc. He began his career as a design engineer in the late 1970s, however his work over the past 25 years has focused on the investigation and repair of structural distress and failures, and construction-related disputes. Jerry has been a member of SEAC for over 30 years, is a past president and a Life Member of the association, and continues to serve on several SEAC committees.

Sponsored by