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Engineering Seals versus Contracts ‘Under Seal’ (two very different things)

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Recently, I was asked by a reader to explain the difference between a document that is ‘sealed’ by an engineer (or architect) and one that is signed ‘under seal’.  This question prompted this post, as others may also be wondering about the distinction.  [Hi Ed! Thanks for your question]

 Not all Seals are alike!

Different types of seals

 Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects).  As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control.   Your signature represents that you were in responsible control over the documents, and that they have met the required professional standard of care.  (21 NC Admin Code 2-0206 (a)(11)).

A contract can be signed ‘under seal’ – but what, exactly, is the ‘seal’ in that case.  The terminology is from the by-gone days of wax seals on important documents.  But the [seal] after your signature is a way of making a contract have an extended statute of limitations.  It is *not* related to your professional seal in any manner.

And, notably, you don’t extend the statute of limitations by putting your professional seal on them.

Did you ever sign a document ‘under seal’ and wonder what the [seal] meant?  Drop me an email at mbrumback@rl-law.com or comment below.

Document EVERYTHING! Always! No Exceptions! (aka, help your lawyer help you!)

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I had a case last year in which once again I found myself thinking:  if only my client had better documented the verbal agreements, we would have had a much easier time defending his work.

lots of documents

I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving.  No time for written change directives or a special bulletin.  And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved.

Your documentation system does not need to be perfect.  You can use a simple Field notebook and handwritten notations.  A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever.

Documents that are created *during* a Project are direct evidence.  And if you end up before a jury, they’ll want to see what was said—in writing—at the time the dispute arose.

You may never need your notes.  You also may never need your fire insurance.  But it’s better to have them and not need them, then be in the position to wish you had them when you do not.

I have written about documentation systems before, and I’m sure I will write about them again.  But in the meantime, remind your staff that documentation is as much part of the job as any other act.  Develop good documentation systems.  And demand the same from your staff.

Your future self may thank you!

Your turn: do you have a solid documentation system or procedure?  Share below or email me at mbrumback@rl-law.com

The Who/What/How of Sealing plans for Architects and Engineers (law note)

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The proper use of professional seals in North Carolina is critical.  Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction.

Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans?

That document, the “Seal Brochure” (pdf) is available for download.    Every state’s regulations is a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines.

One of the most important sections is reproduced here: 

What are the sealing requirements for plans/drawings?

Architects: must seal all plans and specifications for use in this state. (“For use in this state” means drawings and specifications prepared for bidding, procurement, permitting, or for construction.)

Registered Interior Designers must seal all plans and specifications for use in this state. (“For use in this state” means drawings and specifications prepared for bidding, procurement, permitting, or for construction.)

Engineers: The licensee must certify all engineering work in compliance with 21 NCAC 56 .1103 (pdf). Certification includes seal, date of signature and signature.

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Do you have any experience with dealing with sealing issues?   Did the licensing board get involved?  Drop me a line at mbrumback@rl-law.com or comment below.

Don’t hire me! (Principle is expensive, and lawsuits based on Principle are even more expensive)

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I spend a lot of time trying to convince my clients to NOT hire me.  I’m not crazy—let me explain.  Litigation is costly.  Very costly.  And it is time consuming.  Don’t get me wrong—I will go to Court and fight just as hard as you want me to, but I want you to know what you are facing before you go down that road.

warning ahead

Now, obviously, if you are the one that is being sued, you have no choice but to defend yourself and your Firm.  But if you are considering suing someone else, think long and hard about it before you pull the trigger.  There are ways to reduce cost, time, and risk:  for example, pre-suit or early mediation, or agreeing to arbitration in lieu of trial.    But I always want my clients to know that real law is not like Law & Order.  Things take time.  A trial is often a year or more away from when you first file the lawsuit.  Make your decisions on not just your heart, but your economic brain as well.

Now, if you’ve read that and still want to sue someone who has done you wrong, give me a ring.  We’ll litigate.  Just know that it won’t be wrapped up in time for top of the hour commercials.

Anyone care to share a war story here or with me via email?  Drop me a line at mbrumback@rl-law.com .

Construction and Design Contracts— they are more important than you might think! (law note)

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As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project.  While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan.

I recently read AIA’s take on contracts, in their Construction Risk Brief (which you

Shaking hands with bribe money

Hopefully your own contracts don’t start like this handshake!

should subscribe to [free] if you have not already).  Their featured article is on “Best Practices for Construction Contracts”.  In the piece, they discuss  7 key points to address in each contract.  I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase.

The AIA, of course, is interested in having you purchase a subscription to their 300+ form database.  And, if you are involved in a lot of projects, you should definitely consider doing so.  The AIA contracts have almost become the ‘gold standard’ of construction contracts due to their familiarity and popularity.  They are not, however, a one-size-fits-all set of documents.  The AIA contract forms themselves have some decisions or elections to make within them.  And, you may find that an AIA contract doesn’t work for your project.  For example, it may be too verbose for a small porch addition to a house, for example.  If you work with homeowner clients, they will (rightly) be very intimidated by the length and breadth of an AIA contract—even a small project contract from the AIA.

Can a non-AIA contract be used successfully?  Absolutely.  It just needs to have the same key issues spelled out so all parties know the agreement.

Check out the AIA’s article, and let me know if your own contracts pass the test.  If not, now is the time to update them to best protect yourself from future risk.