Duties and liabilities of engineer, architect

An engineer or architect is a registered professional who designs, supervises and certifies works that affect public safety. The duty is to practise with skill, honesty and care; the liability is the legal and professional responsibility that follows if he or she fails in that duty.

Duties

1. To the public: hold public safety, health and the environment paramount; do not sign designs or drawings that are unsafe.
2. To the client/employer: work within competence, give honest advice, keep information confidential, avoid conflict of interest and declare any personal interest, and act as a faithful agent.
3. Design and supervision: prepare designs as per codes and the Building Code/bylaws, give clear drawings and specifications, supervise the work with reasonable care, and certify payments and completion fairly and impartially.
4. To the profession: register with Nepal Engineering Council (NEC), follow its Code of Conduct, do not take credit for others' work, do not undercut fellow professionals unfairly, and update knowledge.
5. Architect specifically: produce a design that meets the brief, budget and bylaws, coordinate structure and services, and obtain permit approvals.

Liabilities

• Civil liability (negligence): compensation to the client or third parties for loss caused by faulty design, poor supervision or wrong advice.
• Contractual liability: damages for breach of the consultancy agreement (delay, not meeting scope).
• Criminal liability: where negligence or forgery causes death, injury or serious damage (for example building collapse).
• Professional liability: under the Nepal Engineering Council Act 2055, the Council can warn, suspend or cancel registration for misconduct.
• Statutory liability: under the Building Act 2055 and bylaws, the designer is answerable for structural safety and for drawings approved by the municipality.
• Protection: professional indemnity insurance and keeping written records of instructions.