LegalGELegalGE
...

Engineering Malpractice

How to prove engineer's negligence?

You need an expert report from another licensed engineer confirming that the design fell below professional standards.

Who pays for wrong soil analysis?

The geotechnical engineer or the firm that prepared the geological report is liable for errors in soil data.

What is the statute of limitations?

Generally 3 years from discovery of damage for torts, but 5 years for defects in structures under the Civil Code.

Does insurance cover engineering errors?

If the engineer holds Professional Indemnity (PI) insurance, the insurer will cover the damages up to the policy limit.

Reading Time

2 min

Published

...

Engineering Malpractice: Liability for Technical Errors

In construction projects, engineers (structural, electrical, geotechnical, mechanical) play a critical role in building safety and functionality. Engineering Malpractice occurs when an engineer fails to meet professional standards, resulting in damage, financial loss, or injury. Unlike a simple mistake, malpractice implies a breach of professional duty and negligence of the standard of care that another competent engineer would have exercised in a similar situation.

In Georgia, the Construction Code and technical regulations impose strict requirements on engineering decisions. Incorrect foundation calculations, fire system failures, or soil analysis errors can become subjects of serious disputes. Legal.ge offers lawyers specializing in technical disputes who will help you prove engineering negligence and obtain compensation for damages.

What Does Engineering Malpractice Service Cover?

Lawyers on our platform offer:

  • Structural Engineering Disputes: Liability for building stability, cracks, roof collapses, or foundation settlement.
  • Geotechnical Errors: Disputes over incorrect soil analysis leading to construction complications or building deformation.
  • MEP (Mechanical, Electrical, Plumbing) Disputes: Liability for improper design of HVAC, electrical, or sewage systems.
  • Proving Negligence: Engaging technical expertise to confirm that the engineer violated applicable standards and norms.
  • Damages Recovery: Compensation for repair costs, lost income, and diminution in property value.

Common Scenarios and Real-World Examples

  • Foundation Issue: A geotechnical engineer failed to notice groundwater, causing foundation flooding and additional costs.
  • Electrical System: An electrical engineer miscalculated the load, causing constant system failures and risking equipment damage.
  • HVAC System: A shopping mall's cooling system fails to provide required temperatures in summer, causing tenants to leave.

Georgian Legal Framework

Engineer liability is regulated by:

Civil Code (Tort and Contract): An engineer is liable for both breach of contract and damages caused by professional negligence (tort).

Technical Regulations (e.g., Resolution No. 41): Establishing minimum safety standards. Violation of these norms is automatically considered negligence.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Technical Audit: Project review by an independent engineer.
  2. Causation: Establishing that the damage was caused by the engineer's error, not the builder's poor workmanship.
  3. Lawsuit: Claiming compensation.

Why Choose Legal.ge?

Engineering disputes require diving into technical details. Judges are often not engineers, so the lawyer's role is to translate technical language into legal arguments. Legal.ge gives you access to such professionals.

Updated: ...

Specialists for this service

Loading...