Legislative
Updates
> Chairman's Message
2009 Legislative Update: More Info About Liability Issue
By David T. D. Warriner, P.E., Chairman, VSPE Legislative Committee
The Joint Legislative Committee (JLC) had a planning and strategy meeting to discuss the upcoming legislative session. It was decided to pursue a proposed amendment to the State Code that allows a mutually agreed limit on liability to be part of a contract and that limit would “cap” the exposure for an engineering firm. The amendment would not cap liability for an individual PE because as professionals, we are fully responsible for our actions. Currently doctors are the only professionals that have an individual cap. That exemption was passed because doctors were quitting the profession when they couldn’t afford malpractice insurance.
The proposed
amendment would limit lawyers from suing against all the assets of a
firm above and beyond the agreed to limit of liability.
If we are
successful with this proposed legislation, it should keep insurance
premiums down and avoid firms from being at risk above their
coverage or agreed to liability limits.
This legislation is
a major undertaking for the JLC (comprised of representatives from
VSPE, ACEC/Virginia and VSAIA), but we believe not being proactive
could lead to larger problems down the road.
The cost to lobby this issue will be a special surcharge to
our standard lobbying costs. We
are hoping that all PEs will assist in covering the added cost of
lobbying. Please let us
know if you and/or your insurance carrier is able to contribute to
this effort.
As always, do not hesitate to contact me (dwarriner@brockenbrough.com) or Leigh Dicks (LeighDicks@VSPE.org) if you have any questions or concerns.
To obtain information about legislation introduced in the 2008 or 2009 Session, click on the hyperlink below (the main home page for Legislative Services):
BACK TO TOP | HOME | Webmaster