september 2009 issue
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Professional Practice & Ethics Corner
APEGGA members with professional practice or ethics questions are welcome to mail them to Ray Chopiuk, P.Eng., Director, Professional Practice, APEGGA, 1500 Scotia One, 10060 Jasper AVE NW, Edmonton, AB T5J 4A2; fax them to 780-426-1877; or e-mail them to rchopiuk@apegga.org. |
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Q Our engineering company (located in Alberta) is providing certain specifications for a piece of equipment that will be built in several locations in Canada and the United States, as well as in Alberta. The specifications are of an engineering nature, so one of our engineers will apply his APEGGA professional engineer’s stamp to them. Since the specifications will be used in the jurisdictions outside Alberta, what other engineering stamps will be required?
A There is no single place where you can go to get an answer to your question. You (or your client) would need to consult the appropriate authority in each of the jurisdictions where the specifications will be used. Usually, each jurisdiction will require that any engineering used for the construction of something in that jurisdiction be stamped by a professional engineer licensed to practice in that jurisdiction.
That may not always be the case, however. It is possible that an Alberta engineer’s stamp could be sufficient.
The engineering licensing authority in a particular jurisdiction may be able to answer your question, but if it can’t, it might be necessary to determine which government authorities regulate the items in question and ask them directly.
Q I work for a construction company that builds structures (not buildings). One of our clients has recently begun including the following stipulation (pertaining to required engineering drawings) in its statement of work:
(a) The contractor shall provide five sets of as-built drawings of all the construction and installation.
(b) The contractor shall also provide as-built drawings in AutoCAD format.
I have no problem with item (a) but do not feel comfortable with item (b). I am concerned about how our AutoCAD files might be subsequently distributed. Is our client legally able to demand our AutoCAD files? Is there anything we can do to refrain from submitting our AutoCAD drawings? If we do have to submit them, is there anything we can do to prevent the drawings from being disseminated?
A Your client can’t legally demand that you provide AutoCAD files unless you entered into an agreement with your client that says you will provide such files. It is up to you to decide what you will agree to and what you will not agree to as far as the scope of work goes. Of course, the client might decide not to enter into an agreement with someone who will not provide the client with what it wants.
As for dissemination of your drawings, you could stipulate the conditions under which you will provide the drawings and any limitations concerning their use. Although it might serve as deterrence, whether the stipulation would actually prevent anyone from disseminating the drawings is another matter.
Here’s what the Canadian Law of Architecture and Engineering, 2nd Edition, says about the matter:
“Unless the contract between the engineer and client contains provisions to the contrary, the client owns the physical drawings prepared at his or her request once the client has paid for them. ... However, the engineer who created them owns the copyright in them and in the design embodied in the structure. The client may not, therefore, reproduce the plans or repeat the design in a new structure without the engineer’s express or implied consent.”