Use Of Broad Indemnification Clause For Pollution Services

Case 108 Source
Back to Case

Document Structure

4

Sections

4/4

With Embeddings

100%

Coverage

384D

Dimensions
Embeddings use 384D local model for precedent matching
Document Sections

Content Length
353 chars
HTML Length
353 chars
Plain Text Length
353 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
It would not be ethical for Engineer A to continue to require a broad indemnification provision in all of his agreements where he provides pollution-related services. Engineer A should tailor the indemnification agreement to accept reasonable liability and consider current availability of professional liability insurance as appropriate to the project.

Content Length
5270 chars
HTML Length
5491 chars
Plain Text Length
5266 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-03-02 23:20
Content Preview
A basic tenet of ethical conduct relates to the obligation of the engineer to accept responsibility for professional services that the engineer renders. This tenet is based upon the view that as a member of a learned profession, an engineer possesses skill, knowledge and expertise and is expected to use those attributes for the betterment of mankind. Engineers, through the enactment of engineering licensing laws and other legal restrictions, are granted the authority to practice their profession to the exclusion of others. As a result of this grant of authority, the law expects licensed engineers as they do other professions to perform professional services in a non-negligent manner. In addition, as with other professions, engineers are also expected to be personally liable for their acts, errors or omissions in the performance of their professional services. The Board has not reviewed Section III.9. of the Code with great frequency. In BER Case 86-4, the Board considered a case involving the modification of signed and sealed plans by other than the responsible engineer. In reviewing the case, the Board cited Section III.9. of the Code and expressed concern that the engineer in that case failed to acknowledge responsibility for the full design by notations on the drawings. The Board indicated that this failure suggested a lack of recognition on the part of the engineer that his modifications in the design might have an impact on the efficacy and integrity of the entire project design. For that reason, we found the engineer unethical in that case. However, BER Case 86-4 was rendered before a significant change was made to Section III.9. of the Code. Soon after BER Case 86-4 was issued, the Board of Ethical Review proposed an addition to Code Section III.9. which was adopted by the NSPE Board of Directors. That addition made the following revision (addition underlined): "III.9. Engineers shall accept responsibility for their professional activities; provided, howeve...

Content Length
720 chars
HTML Length
720 chars
Plain Text Length
720 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
Engineer A, a civil engineer, requires a broad indemnification provision in all of his agreements where he provides pollution-related services. Under the agreement, the client is required to "indemnify and hold harmless Engineer A for any damages or legal costs (including attorneys fees) arising from Engineer A's negligence in the performance of pollution-related services." Engineer A had inserted the indemnification provision during the early 1980's at the time of the "liability crisis" because of the unavailability of pollution-related insurance coverage. In recent years, the insurance industry has re-entered the pollution insurance market and now provides limited pollution coverage for an additional premium.

Content Length
162 chars
HTML Length
162 chars
Plain Text Length
162 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
Would it be ethical for Engineer A to continue to require a broad indemnification provision in all of his agreements where he provides pollution-related services?
Similar Cases

Find cases with similar D-tuple components, provisions, and tags.

Find Similar Cases

D-tuple Component Breakdown

32

Total Entities

9/9

Components Populated

9/9

With Embeddings

Combined Embedding
Roles R
w=0.12 384D
Engineer A Civil Engineer
Civil engineer who provides pollution-related services and requires a broad indemnification provision in all of his...
Client of Engineer A
Party to Engineer A's service agreement for pollution-related services, required under the agreement to indemnify...
Board of Ethical Review Adjudicator
Adjudicating body that reviews the indemnification provision at issue, traces the history of Section III.9 and its...
NSPE Board of Directors Policy Adopter
Governing body of the professional society that adopted the Board of Ethical Review's proposed addition to Code...
4 entities
Principles P
w=0.2 384D
Code Practicability in Section III.9 Reading
The Board explains that the liability-crisis addition to Section III.9 reflected the Code as a living document, and...
Professional Accountability in Indemnification
The Board reads Section III.9 to mean that an engineer has an obligation to accept responsibility for professional...
2 entities
Obligations O
w=0.15 384D
Engineer A Liability Protection Duty
Engineer A has an ethical obligation to obtain professional liability or other protection for the benefit of his...
Client Indemnification Duty
The client is required under the agreement to indemnify and hold harmless Engineer A for any damages or legal costs,...
Engineer A Responsibility Acceptance Duty
Engineer A shall accept responsibility for the professional services and activities he renders in providing...
3 entities
States S
w=0.1 384D
Broad Indemnification Provision In Force
Pollution Insurance Unavailability
Limited Pollution Insurance Availability
Exclusive Licensed Practice Authority
Prohibitive Insurance Cost Condition
5 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: engineer responsibility for professional activities and indemnification for professional...
BER Case 86-4
BER Case 86-4 (topic: modification of signed and sealed plans by other than the responsible engineer and acceptance...
2 entities
Actions A
w=0.1 384D
Indemnification Provision Insertion
Continued Indemnification Requirement
Code Amendment Proposal
Code Amendment Adoption
Code Reinterpretation
5 entities
Events E
w=0.08 384D
Liability Crisis Onset
Insurance Market Reentry
Code Provision Change
Liability Environment Shift
4 entities
Capabilities Ca
w=0.07 384D
Engineer A Liability Protection Procurement
Engineer A's conditional ethical obligation under Section III.9 to obtain professional liability or other protection...
Board Precedent Reasoning
The Board reviews BER Case 86-4, notes that it predates the liability-crisis amendment to Section III.9, traces the...
Engineer A Professional Expertise
The discussion grounds the tenet that the engineer must accept responsibility for the professional services he...
Engineer A Contractual Risk Allocation
Engineer A exercised this competence by drafting and requiring a broad indemnification provision in all of his...
Engineer A Pollution Services Competence
Engineer A, a civil engineer, exercises his disciplinary competence by providing pollution-related services to...
5 entities
Constraints Cs
w=0.08 384D
Engineer A Ordinary Negligence Indemnification Limit
Engineer A must not seek indemnification from the client for ordinary negligence where professional liability or...
Engineer A Gross Negligence Indemnification Bar
Engineer A may seek indemnification for professional services arising out of his practice only for other than gross...
2 entities
Embeddings: all-MiniLM-L6-v2 (384D, local) | Storage: pgvector (PostgreSQL) | Used for section and component similarity matching