Tag Archives: licensing

If you get ‘reported to the Board’ for your Professional License (law note)

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The NC Board of Architecture and the NC Board of Examiners for Engineers and Surveyors (as well as other Boards, including the NC Licensing Board for General Contractors) have grievance procedures in which anyone – client or not—can file a grievance against you.  That’s the bad news.  The good news is that the Boards have seen it all before, and if the grievance is someone unhappy about a bill, or using the process to harass you for unfounded reasons, they will recognize those complaints for what they are.

HOWEVER, this does not mean that you should treat any grievance, no matter how unfounded, lightly.  The first thing you need to do is contact your insurance broker/agent and report the matter.  Often times, your insurance carrier will hire an attorney (someone like me) to defend you free of charge (at least up to a certain dollar amount).  This is part of your insurance coverage, and you should take full advantage of it.

problem? write a grievance t-shirt

What if you do not have professional errors & omissions insurance?  First, get thee to an agent asap and get yourself some for any future issues.  Second, hire a lawyer anyhow.  You could do it yourself if you choose to do so (although  “a Man who is his own lawyer has a Fool for a Client” ).  But whatever you do, do not ignore the Board’s inquiry.  Respond by the deadline they give you, with all details and information that they ask for.  Sit down for an interview with the Board investigator.  Do not bury your head in the sand and hope it will all go away on its own. 

And no, most cases do not result in loss of your professional license.  There are some egregious cases where the license is in jeopardy, but those are few and far between.

I have helped clients with Board grievances survive the process.  As I have told them, a Board grievance is never good news, but it doesn’t have to break you.  Use your available resources to minimize any negative outcome.

Photo: Cristian Lopez  Credit: Printerval  CC by NC 4.0

What you don’t know about construction law can hurt your engineering firm (law note)

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truckbridgeWelcome to a new year!  By now, you’ve eaten the last of the Christmas cookies, opened all of your presents, and rung in 2019.  Back to business, right?  The new year is always a good time to remind your employees, and yourself, that there are no shortcuts on the success train.

Sure, you can sometimes skate by for awhile, but karma has a way of catching up with you.

One thing to keep in mind is that if you practice in multiple states: be sure you are well aware of the rules and regulations concerning your license in each state.   Each state does things a little differently, and what may be perfectly acceptable in one state may not be in another state.

For example, I had an out of state professional design firm that was unaware of the supervision requirements of non-professional staff that is required under North Carolina law.  Another client had some North Carolina references on its website without an appropriate disclaimer as to who was, and who was not, licensed in North Carolina.  In both of those cases, I was able to help the professional firms get out from under the violations with minimal damage, but it cost time, money, and aggravation.

Do violations always get discovered?  Not always, but- like speeding– a violation is a violation is a violation, and at some point, your number may be up.

Save yourself the headache, bite the bullet, and make sure you retain competent professionals in *each* state that you are licensed in make sure that you are playing by that state’s rules before you work in that state.  (Obviously, if you have North Carolina questions, I’d love to work with you!)

You’ll thank me later.

Your turn.  Have you ever been surprised to learn about a state’s specific requirements after you’ve already violated those requirements?  Anonymous confessions encouraged– let’s learn from each other!  (or, drop me an email!)

 

 

Design Professionals’ Stamping & Sealing Obligations (50 state survey) (law note)

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Stamping Ground KYDo you sometimes wonder if you are meeting your stamping & sealing obligations in each state where you practice engineering or architecture?

Ever find yourself with some questions about how another jurisdiction handles design professional issues?

Wish you could find these answers in a reliable resource and know that it was solid information?

The lawyers have your back!  Check out the first ever 50 State Survey of Design Firm Licensure (pdf; large document; give it some time to load)  by the American Bar Association Forum on Construction Law.

The survey is alphabetical, but for easy reference, here are some page numbers for the Southeastern States* to get you started.

[Note:  the page numbers in black are the page numbers actually printed on the Survey; however there is a cover page, so the “Adobe pdf” page is one off– if using on a computer use the RED page numbers below.

  • North Carolina          starting at page 95 (page 96 of the pdf)
  • South Carolina          starting at page 120  (page 121 of the pdf)
  • Georgia                      starting at page 33 (page 34 of the pdf)
  • Florida                        starting at page 30 (page 31 of the pdf)
  • Virginia                       starting at page 134 (page 135 of the pdf)

Download or save this link, and the next time you have a quick question about the various licensing boards, regulations, rules, and procedures,  you can save yourself some time.

* FYI, my law firm has licensed attorneys in each of these Southeastern States, in case you should have further questions.

And, as always, drop me a line with any of your pesky construction law related questions, comments, complaints, etc.

Photo: (c) Coal town guy at English Wikipedia via CC