ICE Legal Notes Series: Reviewing the work of another engineer and replacing another engineer

This note is to make an engineer contemplating such an appointment aware of the legal implications of reviewing and replacing another engineer.

ICE Legal Notes Series: Reviewing the work of another engineer and replacing another engineer
ICE Legal Notes Series: Reviewing the work of another engineer and replacing another engineer

Who wrote this?

The ICE Legal Advisory Committee

When?

It was first published in June 2009.

Why?

This document was written to help engineers decide whether or not to accept an appointment and if so, what steps they should take to protect their own position. 

Other titles in the ICE Legal Notes Series:

  • Engineers and Auditors 
  • Liability for Latent Defects (formally Liability for Latent Damage) now Liability of Professionals for Defects
  • Collateral Warranties 
  • Expert Witness Guidelines (formally Expert Witnesses and their Clients)
  • Responsibilities under Public Procurement Law
  • Guidance for users of Adjudication 
  • Reviewing the work of another Engineer and replacing another Engineer and 
  • The Contract (Rights of third parties) Act 1999

Who should read this?

Any engineer considering taking over from a previous engineer on a project.

Content

This 6-page booklet gives information on:

  • Situations in which a review may arise
  • Reviews - Codes of Conduct and ethical issues
  • Confidential reviews
  • Scope of the review 
  • Contact with the engineer whose work is being reviewed
  • Liability associated with reviewing the work of another engineer
  • Replacing another engineer

This note does not provide advice on how such a review should be carried out. It is not a Code of Conduct although reference is made to Codes of Conduct which are published by professional bodies. It is not about those design checks that are a normal part of the design process, and does not cover the situation when an engineer is appointed as an expert witness (there is a separate note on expert witnesses).

For more information and questions, please contact management@ice.org.uk.

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