Note: This is an update to the original released in August 2010.

The ACEC-BC Business Practices Committee supports member understanding of contracts and other common practices through publication of Position Papers. Position Papers are not legal advice. Members are always encouraged to seek independent, legal and insurance advice before entering into contracts.

What is a Claim Against an Individual?

In the event of a loss, courts in British Columbia and other provinces have held that individual employees of a consulting engineering firm may be personally liable if services are negligently performed. Essentially a client can seek to recover a loss from both the consulting engineering company and individual (employee) engineers even when the contract is only between the client and the company.

Why we updated this Position Paper

Claims against individuals was originally included as a topic in a June 2010 publication on indemnities. In review and update of the ACEC-BC Position Paper: Indemnities, the committee agreed that the topic was sufficiently relevant to warrant a separate paper. Isolating this topic supports members to build awareness and understanding of their risks, and to take reasonable steps to mitigate risk insofar as possible.

Edition Editors:

Emily Schwede, Kathryn Ekman, P.Eng., Rob McLeod, CAIB, CIP

Edition Reviewer:

Tanya Sadlo, LL.B., ICD.D