Service to the Surety & Insurance Industries since 1984
Service to the Surety & Insurance Industries since 1984
EVERYTHING YOU NEVER THOUGHT
YOU NEEDED TO KNOW ABOUT
ENGINEERING - AND WERE AFRAID
TO ASKLittle did you know when you decided to become part of the insurance claims industry that you would need to retain the services of an engineer from time to time. Well, you do, or you will. If not, you wouldn't be on our mailing list to receive this newsletter.
Having provided engineering services to the insurance claims industry for over seven years now, we have come to realize that most people in the industry learn about what engineers do via on-the-job training. There are no formal, in-house training programs that tell you what an engineer can do for you, or what type of engineer you might need for a specific type of loss. Very often it seems to us that the term "engineer" is considered to be synonymous with the term "expert" in this business. That's flattering to us as engineers, but it is not always the case.
Let me give you an example. Suppose you've got a loss involving wind driven rain entering a commercial building, apparently around the windows.You decide that you need help trying to determine exactly where and how the rainwater is entering the building, and whether there is a design or construction deficiency that is allowing it to happen. Not only do you want to know what is causing the problem so that it can be corrected properly, but you also want to subrogate and recover damages from the responsible party if you can. Therefore, you need an expert to investigate and provide you with an opinion, an opinion that will stand up in court, if necessary. While a good structural engineer might be able to provide the expertise you need in this situation, a structural engineer is not necessarily the best qualified candidate for this assignment. An experienced building contractor might be a better candidate. The best candidate, however, at least based on expertise in this specific area, would be an architect. A buildings shell, i.e. walls, roof, fenestrations (a fancy word for doors and windows), etc. are designed by an architect. A structural engineer designs the structure that supports the shell, but the architect has to decide how the various elements of the shell or skin fit together so that water doesn't penetrate the shell from the outside. So in this case the expert you need is most likely an architect.
The trouble is though, architects are flaky.
Just kidding! There are a few architects who aren't flaky.
Other examples where an engineer isn't necessarily the best qualified type of individual to provide an opinion would be investigations of automobile mechanical failures, automobile fires, roof leaks, crane failures, elevator accidents, and others. When then do you need an engineer, and do all engineers have the same expertise? I'm glad you asked that question.First, let's define what an engineer is. The field of engineering involves the application of mathematical and scientific knowledge to practical uses such as the planning, design, and construction of buildings, bridges, roads, machinery and equipment, computers, etc. An engineer is someone who knows how to apply the appropriate scientific principles and mathematical formulas required to build something that satisfies a specific need while complying with applicable codes or standards. Within the engineering field there are numerous disciplines, the most common being electrical, civil, mechanical, and chemical. Structural engineering is a specialization under civil engineering and, generally, a civil engineer is not qualified to address structural questions unless he or she has specialized in structural engineering. Likewise, most structural engineers would not feel qualified to address issues involving paving, drainage, utilities, etc., the areas which civil engineers specialize in. A mechanical engineer can specialize in a number of different areas including mechanics, fluids, power and energy, heating and air conditioning, plumbing, fire protection, automotives, and several others. The term engineer then can cover a lot of territory encompassing dozens, possibly hundreds of areas of specialization within the field of engineering.
Perhaps the most important distinction that you need to be aware of regarding engineers is the designation Professional Engineer (P.E.). A P.E. is an engineer who has been duly licensed as such by a state governing authority after satisfying certain requirements of education, experience, examination, and character. In order for someone to hold themselves out as an "engineer" and to offer to provide "engineering services", that individual must be a licensed P.E. To do so without having a valid license is illegal. The same is true of corporations or other business entities that offer to provide engineering services. They too must satisfy the requirements of the state in which they are located in order to provide engineering services, including forensic engineering services, and services for the purpose of determining causes of failures. The licensing of engineers, and architects, is done for the same primary reason that other professions are licensed - to protect the health and safety of the public.
Why then do some individuals in the engineering field not have a P.E. license? That is because an engineering license is not a requirement in certain types of businesses that use engineering expertise. One general line of distinction in this regard has to do with whether an item can be proven safe via shop testing and certification before it is made available to the public, versus whether the item is accessible to the public without testing its ultimate ability to withstand the conditions for which it was designed. Thus, this difference is essentially between something which is manufactured or mass produced, and something which is constructed from a set of plans and specifications for a specific, unique set of conditions. An engineer working in a manufacturing type of business, i.e. consumer products, electronics, computers, machinery and equipment, etc., does not normally need a P.E. license to work in that field. An engineer who prepares plans and specifications for the construction of buildings, bridges, roads, dams, etc. must be licensed, or work under the supervision of a licensed engineer. Building authorities will not issue construction permits unless all the engineering construction documents are signed and sealed by licensed engineers.
So, what does all this mean to you when you decide that you need an expert's opinion regarding a loss that you're handling. As a non-engineer how do you know whether the right expert for your assignment is an engineer or not, what specific type of engineering expertise the expert should have, and whether it is essential that the expert have a P.E. license for the opinion on this matter to stand-up in court. Well, the first part of this decision process is simply knowing that someone with an engineering education is not an expert in all things technical. The second is knowing exactly what it is that you want the expert to provide you with an opinion on. Then, if your company has one, your in-house list of approved experts should tell you what type of assignment these experts have been approved for. Or, talk to those in your organization who have been around a little longer than you and have had experience with the kind of assignment you are dealing with. Another source of advice in these situations is your defense law firm. They typically have dealt with most types of insurance related issues requiring the services of an expert, engineering or otherwise.
The process of finding the right expert can take up a lot of time, particularly if it is an unusual type of loss. You can save that time and obtain the services of an expert whose qualifications really match the needs of the assignment by calling FORCON. When you call us to discuss a possible assignment we will ask you to provide us with as much information as you can regarding the loss and the key issues involved. Based on our evaluation of that information we will tell you the type of engineer or other expert that we would assign the investigation too, and, if you wish, provide you with the resume of the person, or people that we have with the appropriate qualifications. Or, if it is a loss that needs immediate investigation and the specific key technical issues are still unknown, we would assign an individual with a general knowledge of the subject involved. That person would make the initial investigation and help us decide what the critical, technical issues are so that we can then bring in a specialized expert if needed.
No matter how you go about it, when you finally make the assignment you need to be comfortable with the experts qualifications and credentials for the assignment, recognizing that "engineer" and "expert" are not always synonymous.
Bill Ver Eecke, P.E.
