Remote overseas engineering work can create overseas exposure even when the engineer performs all services from Australia.
The relevant factors are not limited to where the engineer is physically sitting.
Overseas exposure can arise because of:
- the location of the client
- the location of the project
- the governing law in the contract
- the agreed dispute jurisdiction
- where the engineer’s advice or design will be used
- local professional registration requirements
For example, an engineer working from Adelaide on a project in the United States may still create US insurance and licensing issues even though no employee travels there.
The Professional Indemnity insurer should therefore assess the engagement based on the project, client and contract rather than travel alone.
Remote delivery does not automatically make overseas work equivalent to ordinary Australian work.
