Expert Witness Blog
Licensed engineers expert witnesses may write reports and testify on engineering document responsibility, professional engineers, design reviews, and correlated matters. In Client Expectations of Perfection, The American Council of Engineering Companies (ACEC) Risk Management Committee writes:
Negligence vs Errors and Omissions
One major aspect of this problem is the term errors and omissions.” Clients know design professionals purchase professional liability insurance, which to the client should cover any deviation that could be deemed an error or omission. But, clients do not attach the term “negligent” to qualify an “error or omission.” Clients argue any deviation that has caused a loss or cost is an “error or omission” and the design professional needs to be monetarily accountable, regardless of the actual responsiveness of the insurance policy. (Professional liability insurance policies typically have significant deductibles and exclude coverage for warranties, penalties, liquidated damages, and other liabilities design professionals assume by contract alone.)
Read more: acec.org.