Legal Question in Construction Law in Minnesota

Liability on design build construction

I work for an Minnesota electrical contractor and do the electrical design build drawings. As a Minnesota Class A Master Electrician I am allowed to do this work. MY question is that we have a contractor that wants me to sign a form verifing that everything I designed is 100% accurate and to code. I have done fully engineered projects that are not 100% accurate. My boss wants me to sign this letter but I feel I may be opening my self up to personal liability. Could I be at all personally liable for anything or not.


Asked on 12/11/08, 8:46 am

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: Liability on design build construction

Your instincts are correct. Signing that letter holds you to a standard of perfection that is impossible to meet, and may expose you to personal liability. In similar circumstances I've sometimes had my A/E clients sign something that reads like this: "The Drawings and Specifications have been prepared in the regular course of our professional services with the intent that they conform to published, applicable, federal, state, and local laws, rules, regulations, and codes and the prevailing practices of the agencies having jurisdiction thereof. The Project, if constructed in strict accordance with the Drawings and Specifications and the interpretations and instructions of the Architect, should comply with such published, applicable laws, rules, regulations, codes, and prevailing practices."

Something like that -- modify to your particular situation.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance!

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Answered on 12/11/08, 9:16 am


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