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Dear Readers:
For most of us, business is booming. All around the state, bond issues for new buildings and major renovations are being approved by voters at a record rate. Some of the packages are for true 'from the ground up' construction, while many more are for major upgrades to existing buildings or systems.
When you look at what you need to do to complete a project, one critical component is design services. While most political subdivisions understand the basics of selecting a builder and selecting a delivery method, there is significantly more confusion over the laws governing the legal necessity of design services.
The following discussion won't answer all of your questions, but it will hopefully give you some guidance regarding the proper use of engineers on public works projects. And please note that the term "public works project” is used rather than specifically identifying whether it is a school, college, city, or county project, because the requirements for engineers are the same from one political subdivision to the next.
Here is the general law, and it is worth reading out loud a couple of times to make sure you understand its mandate:
Texas Occupations Code § 1001.053, Public Works: The following work is exempt from this chapter:
1) a public work that involves electrical or mechanical engineering, if the contemplated expense for the completed project is $8,000 or less;
2) a public work that does not involve electrical or mechanical engineering, if the contemplated expense for the completed project is $20,000 or less; or
3) road maintenance or improvement undertaken by the commissioners court of a county.
Texas Occupations Code § 1001.407, Construction of Certain Public Works: The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:
1) the engineering plans, specifications, and estimates have been prepared by an engineer; and
2) the engineering construction is to be performed under the direct supervision of an engineer.
The major mistake individuals make in reading the statute is to overlook the following incredibly important clause: “ in which the public health, welfare or safety is involved.” We'll address this issue in a moment.
The second common mistake is to think that anything done will not be regulated (overregulated, frankly) by the cities, and possibly the counties, in whose jurisdictions these construction projects take place. In other words, no matter what interpretation you place on the above-cited Texas public works laws, you are not going to get a permit to construct or to occupy unless or until you satisfy city, and in some instances county, building officials that you have obtained whatever their jurisdictions require from a licensed Professional Engineer. Never assume anything; always insist on reviewing the building code in question.
Once you are armed with the statute and the building code, if you honestly think you don't have to retain the services of a licensed engineer, please take one final step. Speak with the architect that usually provides services to your school district or college, and ask him what he thinks. If nothing else, you do not want to be dealing with his adverse opinion after the fact if someone or something is injured or damaged.
So what kind of a large purchase could possibly skirt the engineering requirements? Truth be told, there are more than a few; for example, HVAC rooftop or window units, resurfacing of track or parking lots, integrated communication systems that can be easily installed and removed, and many other things that don't really affect the structural integrity of the project and have already had a great deal of engineering put into them at the manufacturing stage. If what you are purchasing is one of these easily installable systems, you may well have a purchase that simply does not involve engineering at all. Why? Because there is no issue regarding public health, safety and welfare , and that is the legal trigger for the engineering requirements, not merely the dollar value. And often in these cases the issue is not even the cost, but rather the availability of an engineer on such short notice.
Tune in next time for the exciting world of portable units and manufactured classrooms!
Laura Fowler and THE FOWLER LAW FIRM P.C . are very proud to represent Texas Independent School Districts and their educators and administrators. We are deeply grateful to so many of you who have helped to make our firm a success. The Fowler Law Firm P.C. is a full service law firm whose attorneys have many years of experience in the handling of real estate, family law, probate and estate, business formation and taxation. We never charge a client a fee or incur any expense until the client understands and agrees. In addition, we often counsel with your clients and friends and give them the information they need at no charge when we cannot truly be of service. For more information or to refer a matter to us please contact us at (512) 441-1411 or visit our website at www.thefowlerlawfirm.com .
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This information is
provided by Laura S. Fowler, Attorney at Law with
The Fowler Law Firm PC. It is not intended as a
substitute for careful review by legal counsel of
your choosing. We would be most honored to assist
you in your every real legal need.
Contact Laura
Fowler at lfowler@thefowlerlawfirm.com
or
call (512) 441-1411.
As with any legal
issues, please consult your attorney with
questions.
