This is a sample agreement when the engineer is engaged as a forensic
expert. It is designed primarily for when the Structural Engineer is engaged as
an expert in the resolution of construction disputes but can be adapted to
other circumstances where the Structural Engineer is a qualified expert.
As of 2015, the document was legally reviewed and the following changes were made:
1. 1. In
1.2.1(2) added “actual”.
2. 2. In
1.2.4 changed “permission of” to “instructions by” and added “or its agent”.
3. 3. In
3.3.1 added “whichever is greater”.
4. 4. In
and rewrote Client/SER mutual indemnification.
sentence indicating that neither party has obligation to defend or pay for
defense until one party has been found at fault and then only to the proportion
found at fault.
5. 5. Added
paragraph 4.2.2 for indemnification from third party claims. This was added since the original
indemnification only dealt with claims from one of the contracting parties.
6. 6. In
4.3.1 Risk Allocation:
“or any third party”. This was done to
get the client to limit the SE’s liability for a third party claim. This is an aggressive approach and has not
been tested by case law.
language regarding attorney and expert fee costs.
“or other amount agreed upon” to remove open-endedness.
7. 7. In
5.1 deleted first sentence in parenthesis.
8. 8. Other
minor grammatical modifications.