Engineering work in the USA can create significantly different insurance and regulatory exposures from Australian work.
Key issues include:
- whether the PI insurer has agreed to USA exposure
- which US state or territory the project is in
- governing law and dispute jurisdiction
- required PI limits
- contractual indemnities and liability provisions
- whether local professional engineering licensure is required
There is no single nationwide engineering licence in the United States. Professional engineering licensure is administered by individual state and territorial boards, and requirements vary between jurisdictions.
Australian PI policies may exclude, restrict or separately underwrite US exposure. Even where the engineer performs the work from Australia, a US client, project, governing law or dispute forum can still create US exposure.
The engagement should therefore be disclosed before the contract is signed, and the applicable state licensing requirements should be checked separately from the insurance position.
For current US engineering licensure information, see NCEES licensure guidance and confirm requirements with the relevant state or territorial board.
