Tag Archives: sealing/stamping

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.

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.

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

A trap for the unwary: Construction contracts under Seal (Law note)

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signing contractHave you ever signed a contract that was “under seal”?  You probably have, and you probably have done so without really understanding what it means.  In North Carolina, a contract “under seal” means that the contract can be enforced for ten (10) years instead of the usual three.  In other jurisdictions, the contract can be enforced for even longer periods of time.  [For example, in Delaware, a contract under seal extends the time for brining a claim to twenty (20) years!]  Since a sealed contract extends your liability significantly, it is not something you should do lightly.

The phrase “under seal” comes from the old tradition of using a unique wax symbol (such as an engraved signet ring) to identify the owner signing the contract.  Today, however, you sign under seal when the words “under seal” or even just “[Seal]” is printed next to your signature, like this:

While it is good to know about seals in general, construction professionals should be more concerned than ever about sealed contracts following a recent North Carolina Court of Appeals decision, Davis v. Woodlake Partners.  The Court in Davis held that in a contract to purchase improved property, signed “under seal,” extended the statute of limitations to the ten year statute as authorized by N.C. Gen. Stat. 1-47(2).  This is despite the fact that there is a six year statute of repose in North Carolina.  In the case, the lawsuit was brought within the 6 years, but outside of the 3 year statute of limitations for ordinary contracts.  The Court found the action was timely because of the “sealed” nature of the contract.

What does this mean for construction contracts?  You could find yourself liable on a construction contract longer than you intended.  Does this case apply in a situation where the 6 year statute of repose was violated?  The Court was not faced with that issue, so it’s too soon to tell.  The case was a divided opinion, so the state Supreme Court may be weighing in on the issue.  Stay tuned.

In the meantime, consider striking through any “seals” on your construction contracts.

Your turn.  Take a look at the last contract you were asked to sign.  Was it “under seal”?  Did you know what that meant when you signed it?  Share below.

Photo (c) Losinpun.