INGENIEUR
INGENIEUR
and additional costs , and the ICSID tribunal awarded compensation to the contractor .
Dispute Resolution Board Foundation ( DRBF ): Promotes the use of Dispute Resolution Boards ( DRBs ) in construction projects to resolve disputes during the execution of the project , aiming to prevent them from escalating to arbitration or litigation .
Notable Case : A large infrastructure project in Southeast Asia used a DRB to address a series of disputes over project specifications and payment schedules , resulting in resolutions that allowed the project to continue without significant delays .
United Nations Commission on International Trade Law ( UNCITRAL ): Develops frameworks and model laws for international commercial arbitration and mediation , such as the UNCITRAL Arbitration Rules and the Model Law on International Commercial Arbitration .
Notable Case : UNCITRAL rules were used in a dispute between a Middle Eastern construction firm and a European equipment supplier . The arbitration , conducted under UNCITRAL rules , resolved issues related to defective equipment and breach of contract , leading to an award in favour of the construction firm .
Overseas court cases where engineers were held accountable for their actions or omissions .
These cases illustrate the various dimensions of engineers ’ liability overseas focusing on negligence , professional duty of care , and adherence to safety and design standards . Engineers are consistently held to high standards to protect public safety and ensure the integrity of their professional work .
East River Steamship Corp . v . Transamerica Delaval Inc .( 1986 ) The US Supreme Court held that under maritime law , a manufacturer ( including engineers involved in design ) is not liable in tort for purely economic losses caused by a defective product . This case highlighted the limitation of liability for engineers concerning economic loss in the absence of personal injury or property damage .
Kansas City v . Ernst & Young ( 1993 ) This case involved the liability of engineers and other professionals in their capacity as service providers . The court ruled that professionals , including engineers , can be held liable for negligence in their services if it can be proven that they failed to adhere to the standard of care expected in their profession .
Queen v . Cognos Inc .( 1993 ) Canadian Supreme Court case where the engineer was found liable for negligent misrepresentation . The engineer had provided incorrect information which was relied upon , leading to financial losses . The case underlines the importance of accuracy and honesty in the information provided by engineers .
Bilt-Rite Contractors , Inc . v . The Architectural Studio ( 2005 ) The Pennsylvania Supreme Court ruled that design professionals , including engineers , could be held liable for economic losses suffered by a contractor due to reliance on negligent misrepresentations in design documents . This case extended engineers ’ liability to third parties who rely on their professional work .
United States v . Spearin ( 1918 ) This landmark case established the “ Spearin Doctrine ,” which states that if a contractor follows the plans and specifications provided by the owner ( and often prepared by the owner ’ s engineers ), the contractor is not liable for the consequences of any defects in those plans . Engineers can be held liable if the plans they prepare are defective .
Balfour Beatty Construction v . RML ( 1991 ) The court found an engineering firm liable for failing to properly supervise and inspect the construction work , leading to a structural failure . This case emphasises the duty of care engineers owe in supervisory roles .
Donoghue v . Stevenson ( 1932 ) Although not specific to engineering , this case established the modern concept of negligence , which applies to engineers . It set the precedent that engineers owe a duty of care to those who
26 VOL 98 APRIL - JUNE 2024