Choosing an engineer

Confirm the license, not just the pitch

Anyone can print business cards that say "engineer." A Professional Engineer, often abbreviated PE, is licensed by a state board after meeting that board's requirements. Before comparing proposals, verify the license is active with your state's engineering licensing board, not just with the candidate's own claim. Then ask directly whether the deliverable will be a stamped and sealed report. A stamped report carries the engineer's legal certification. Exactly when a stamped report is legally required, versus simply good practice, varies by state and by what the work touches. Get the answer in writing before you sign.

Put the scope of work in writing

A verbal understanding does not bind either side the way a signed scope does. An engagement letter is the written agreement that spells out exactly what the engineer will do, what it costs, and who is responsible for what. Ask for one before work begins. Read the fee structure carefully: hourly, flat fee, and per-unit pricing put different risks on the association, and comparing structures matters more than comparing a single number. If the proposal is vague about what counts as "complete," send it back and ask for specifics rather than assuming.

Know whether bidding rules even apply

Boards sometimes assume every contract needs three competitive bids. That is not universal, and professional services are often treated differently than a landscaping or paving contract. Florida's statute, for example, requires competitive bids once a contract crosses a set share of the association's budget, but separately excludes a list of professional services from that requirement altogether.

"Contracts with employees of the association, and contracts for attorney, accountant, architect, community association manager, timeshare management firm, engineering, and landscape architect services."

Source: Fla. Stat. Section 718.3026, competitive bid requirements, Florida Legislature

That list is Florida's, not a national rule. Whether your state has a bidding statute at all, and whether it exempts engineering services, varies; check your own statute and governing documents before assuming three bids are required.

Reasonable reliance protects the board, not just the building

Hiring a qualified engineer does more than get the inspection done. Courts applying the business judgment rule protect a board's decision when it acted in good faith, with the care an ordinarily prudent person would use, and in a manner it reasonably believed served the association. That protection can cover a board that reasonably relies on a licensed engineer's findings, but only if the board actually followed what the engineer said. Hiring an expert and then ignoring the report removes the protection; it does not create it.

"(1) 'good faith'; (2) with care of an 'ordinarily prudent person in a like position would exercise under similar circumstances'; and, (3) 'in a manner the director reasonably believes to be in the best interests of the corporation.'"

Source: The Business Judgment Rule, Colorado Homeowners Association Law