Engineers can become involved in construction disputes even where the original disagreement was between other project participants.
For example, a dispute may begin between:
- an owner and builder
- a builder and subcontractor
- a developer and contractor
and later involve the engineer because their design, certification, advice or inspection work is questioned.
If an engineer is joined to a dispute, they should notify their Professional Indemnity insurer promptly.
The insurer may then:
- review the allegations
- appoint lawyers
- obtain expert engineering evidence
- assess whether the engineer contributed to the loss
- respond to contribution claims from other parties
Engineers should preserve project files and avoid making informal admissions about responsibility while the matter is being investigated.