There is a very good reason that ‘ignorance of the law is not a defense‘ is a legal maxim that can be found in every corner of the world and which has emerged in prominent jurisprudence. This statement is critical for engineers and contractors to be aware of because as they often say, ‘with great power comes great responsibility’. Engineers and contractors who go about their projects with a casual, irreverent, and cavalier attitude towards the law run the risk of being caught out in unintentional wrongdoing, owing to an erroneous and malignant presumption of ignorance. To put it bluntly, depending upon where they are located, engineers and contractors can sometimes be caught out in violations of the law in very obscure ways. Unfortunately, this can ultimately lead to significant penalties.

Therefore, it is of the utmost importance to be in touch with regulatory expertise so that ignorance can be avoided, since complete ignorance or ‘knowable ignorance’ of the law will not be an acceptable defence. KayBee Tech offers practical experience and diligence that allows experts to be able to recognize and support the legal interests of any project by providing attorneys-in-law defense, and engineers-in-fact project managers to ensure that everything is done to code.

Currently, ignorance of building and other related laws are quite a hot topic. As stated by the World Bank Group, ignorance of the law is “an element of public consciousness evoked rather infrequently, and often dismissed as peripheral in importance.” On a more practical level, the fact is that there are constant changes and revisions to building laws that are almost ubiquitous, and therefore, for engineers, it is unlikely that architects and designers will be caught completely up-to-date with all of the relevant rules and regulations.

As such, when embarking on any project, it is important to consider what types of legal risks exist, and how either awareness or ignorance of the law can affect the project. For example, according to Eastman & Smith, one of the most commonly filed suits against engineers occur due to copyright. This is because confusion can arise regarding the engineers, designers, and architects’ control of their own representations when others use them.

In addition to copyright concerns for engineers and contractors alike, ignorance can also lead to a slew of other liabilities, which is why, “it is important to note that before trial or arbitration a party seeking discovery of others across the table may request a broad range of “attorney-client” and “work product” information that can be the very defense that you or your client need. In today’s commercial world, a large percentage of business dealing transactions involve engineers, architects, contractors and subcontractors. It is common for those “in the trade” to discuss these matters among themselves and in meetings with their lawyers. In fact, their very insurance policies typically require that they inform their lawyers and on occasion submit these matters for advice, counsel and formal review. In other words, they often review matters across the table from the best lawyers in the state or nation – lawyers who understand such matters as Code and Standards – at engineering firms, architecture firms, general contractors and subcontractors across the nation.”

Further, if there are safety violations that stem from ignorance of the law, one might ask themselves, would you believe that ‘the engineer conducted field reviews in conformance with his contract?’ A recent construction defect action has made it clear that such ignorance or a cavalier attitude towards such legal requirements will make it extremely difficult to establish a successful defense.

For more information on legal responsibilities in engineering, you can visit this Wikipedia page.