PRINTER'S NO. 1516
No. 1313 Session of 1989
INTRODUCED BY GEIST, GRUPPO, NAHILL, VAN HORNE, NOYE, GLADECK, BRANDT, D. W. SNYDER, G. SNYDER, HECKLER, J. L. WRIGHT, VEON, PHILLIPS, MERRY, FARGO, HERMAN, McVERRY, LASHINGER, JOHNSON, SERAFINI, LANGTRY, BUNT, BARLEY, BURD, CIVERA, ROBBINS AND J. H. CLARK, APRIL 25, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 25, 1989
AN ACT 1 Providing for approval by licensees of changes in documents or 2 construction administration materials and for responsibility 3 in connection therewith. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Definitions. 7 The following words and phrases when used in this act shall 8 have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Construction administration materials." A shop drawing, 11 model, sample, mock-up or assembly approved by the licensee for 12 use in conjunction with a construction and fabrication document. 13 "Construction and fabrication document." Drawings, 14 specifications, plans, plates, reports and working drawings, 15 addenda or supplements thereto prepared in connection with the 16 design and construction or reconstruction of a structure or 17 group of structures, including public and private buildings, and
1 the utilization of space within and surrounding such structures, 2 and those prepared in connection with the design and manufacture 3 of machines, equipment or for utilization in processes or 4 systems. 5 "Licensee." An architect licensed under the act of December 6 14, 1982 (P.L.1227, No.281), known as the Architects Licensure 7 Law, a professional engineer or professional land surveyor 8 licensed under act of May 23, 1945 (P.L.913, No.367), known as 9 the Professional Engineers Registration Law, or a landscape 10 architect licensed under the act of January 24, 1966 (1965 11 P.L.1527, No.535), known as the Landscape Architects' 12 Registration Law. 13 "Seal." The seal, stamp or facsimile thereof which a 14 licensee is required by law to affix or impress on all documents 15 prepared by the licensee or under the licensee's supervision. 16 Section 2. Subsequent changes. 17 (a) Liability.--Notwithstanding any other provision of law, 18 a licensee who affixes or impresses a seal to documents or 19 approves construction administration materials through use of a 20 seal or written authorization shall not be responsible for 21 damage caused by subsequent changes to or use of those documents 22 or construction administration materials where the subsequent 23 changes or uses, including changes or uses made by the 24 Commonwealth or any political subdivision or agency or authority 25 thereof, are not authorized or approved by the licensee who 26 originally affixed or impressed a seal on the construction and 27 fabrication documents or approved the construction 28 administration materials. 29 (b) Subsequent knowledge.--If a material problem, error or 30 omission is discovered prior to or during construction, that 19890H1313B1516 - 2 -
1 problem, error or omission shall be called to the attention of 2 the licensee, and the licensee shall be given an opportunity to 3 resolve or rectify such problems, error or omission. If this 4 procedure is followed and the licensee does not address the 5 problem, error or omission within a reasonable period of time, 6 such licensee shall be precluded from benefitting from the 7 limitation of liability contained in subsection (a) with regard 8 to damages which result from an unauthorized change. 9 Section 3. Applicability. 10 This act shall apply to any claims made after the effective 11 date with respect to documents to which a seal has been affixed 12 or impressed after the effective date of this act. 13 Section 4. Effective date. 14 This act shall take effect immediately. D5L63JLW/19890H1313B1516 - 3 -