AE Blog - Common Causes of Not Meeting the Standard of Care
In preparation for John Lowe’s presentation for an ODOT/ACEC sponsored brownbag training session last week, he wanted to add a section on ODOT’s E&O Claims Process. Part of that process includes determination by ODOT’s Chief Engineer, Cathy Nelson, of whether or not the standard of care had been met. John checked in with Cathy and asked what in her experience were some frequently seen causes of the standard of care not having been met, beyond failure to be in compliance with published standards. She provided some helpful insights, which are listed below.
Common Causes of Not Meeting the Standard of Care
- Design not in accordance with latest published Agency Standards, Manuals, Guides, and Forms
- Industry Standard of practice not met (not just Agency standards)
- Design not in compliance with Consultant’s published Quality Control Procedures
- Technical competence of consultant (Junior engineer, when senior engineer required, generalist when specialist required….)
- Site conditions not appropriately considered in design
- Lack of appropriate care and professional judgment
The last three are somewhat subjective but, with 20/20 hindsight, it can be pretty easy for the person charged with evaluating whether or not the Standard of Care has been met, to conclude that “A Prudent Man” would not have let that happen.