11/11/2023 0 Comments Expert testimony![]() Thereafter a developer asked the engineer to serve as the prime professional contract holder for the design of an office building complex. The engineer established her own engineering firm which employed no architects. While the engineer took no course work in architecture during her undergraduate years, she gained a significant amount of knowledge about the practice of architecture as a result of her working in the mechanical engineering area with architects in private practice and managing various design projects. In that case, a professional engineer with a degree in mechanical engineering had worked 20 years for various design firms including several years with a major architectural firm. This point was recently illustrated in BER Case 89-1. We interpret the facts in this case to be in accord with this principle.Īnother basic principle which all engineers must acknowledge is the responsibility to limit one's practice to one's area of competence. ![]() We continue to believe this distinction is an important one for all engineers to keep in mind. The Board found that it would be ethical for Engineer Y to offer expert testimony at trial on alleged factual errors in the design by Engineer X, but that it would be unethical for Engineer Y to offer opinion on the design philosophy (merely a difference of opinion as to application of another valid solution) of Engineer X. Engineer Y prepared a report prior to the trial listing many alleged deficiencies in the work of Engineer X - some dealing with overall design philosophy which are matters of judgment and opinion and others alleging factual defects in the design and construction. The client terminated the services of Engineer X upon the filing of the lawsuit and retained Engineer Y to study the work performed by Engineer X and to testify on the basis of his study as an expert witness at the trial on the client's behalf. In case BER Case 71-4, Engineer X designed a facility for a client who, after construction of the project, filed a lawsuit against him claiming that the cost grossly exceeded the preliminary estimate and that there where numerous design errors. The Board has had occasion to consider cases involving the practice of engineering by forensic engineers. ![]() Groups such as the Association of Engineering Firms Practicing in the Geosciences have been instrumental in developing "Recommended Practices for Design Professionals Engaged as Experts in the Resolution of Construction Industry Disputes." The efforts of these and other groups have brought a significant amount of attention to the critical role that forensic engineers play in society and the important ethical considerations involved. Groups such as the National Academy of Forensic Engineers have attempted to promote professionalism and ethics among forensic engineers practicing throughout the United States. The field of forensic engineering has experienced a period of exceptional growth in recent years.
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