The Board for Professional Engineers and Land Surveyor's Asnwers some Frequently Asked Questions

Frequently Asked Questions about Land Surveying Laws


Q: I’m only going to charge my new client $500 to survey his property. Do I really need to use a written contract?


A: Yes. Unless you are going to do the work for free, the law requires land surveyors to execute a written contract with their clients before beginning work on a project. See Business and Professions Code section 8759 for additional information.


Q: I performed a field survey, found a material discrepancy, and set monuments with my tag on them. Now my client refuses to pay me. Do I still have to file a Record of Survey?


A: Yes. There are no provisions in the law exempting you from having to file a Record of Survey if your client refuses to pay. Your only recourse is to seek private legal counsel regarding remedies available to you through the civil court system to collect any fees that may be owed to you by your client. See Business and Professions Code section 8762 for additional information.


Frequently Asked Questions about Professional Engineering Laws


Q: I heard there is a new law that says I don’t have to put my expiration date on my plans, but my boss is making me include that information. What is required?


A: While the law does not require you to include your expiration date, it does not prohibit it. See Business and Professions Code sections 6735, 6735.3, 6735.4, and 8761 for additional information.


Q: Can a licensed civil engineer prepare a soils or geotechnical report?


A: Yes. Geotechnical, or soils, engineering, as defined in Title 16, California Code of Regulations section 404(ee), is part of the practice of civil engineering, which is defined in Business and Professions Code section 6731. There¬fore, anyone licensed as a civil engineer has the legal authority to practice geotechnical engineering and to prepare geotechnical reports without also being licensed as a geotechnical engineer as long as the licensed civil engineer is by education and/or experience fully competent and proficient in geotechnical engineering, as required by Title 16, California Code of Regulations section 415.


Q. Can a local agency require that a soils report be prepared and signed by a geotechnical engineer rather than a civil engineer?


A. No. The preparation and subsequent signing of a soils report is part of the practice of civil engineering. Therefore, a civil engineer is legally authorized to prepare soils reports. Business and Professions Code section 460 prohibits local agencies from prohibiting a licensee from performing work that he or she is legally authorized to perform.


Q: Can a civil engineer offer and/or practice mechanical and electrical engineering?


A: Yes. A civil engineer can offer and practice mechanical and electrical engineering as long as it is supplementary to the civil engineering work.


Q: Is it legal for another engineer to make changes to plans I prepared and then submit the modified plans to the city?


A: According to Board Rule 404.1(d), this is permitted as long as the other professional engineer exercises the requisite extent of control and assumes responsibility for the engineering decisions as required by Board Rule 404.1(a) and meets the criteria described in Board Rule 404.1(b) as well as the requirements of the Professional Engineers Act and Board Rules 411 and 415. The profes¬sional engineer need only be in responsible charge of the portions, additions, or modifications, or the portion of the project affected by the addition or modification, and not of the entire project. Except as provided in sections 6735(b), 6735.3(b), and 6735.4(b) of the Code, the original licensee is not relieved of any responsibility arising from the engineering services of which he or she was in responsible charge.


Q: If I am a civil, electrical, or mechanical engineer operating an engineering business with a partner who is unlicensed, can my partner solicit work, send out proposals, and sign contracts on behalf of the business?


A: No. It is a misdemeanor (and in some cases a felony) violation pursuant to B&P Code section 6787(a) for any person who is not licensed to practice or offer to practice civil, electrical, or mechanical engineering. In addition, this could result in a violation on behalf of the licensee for aiding and abetting the unlicensed practice of civil, electrical, or mechanical engineering.


Q: Since I am an Engineer-in-Training who knows a civil engineer willing to work on projects, can I advertise and contract for engineering projects as long as the civil engineer stamps and signs all of the work?


A: No. It is a misdemeanor (and in some cases a felony) violation pursuant to B&P Code section 6787(a) for any person who is not licensed to practice or offer to practice civil, electrical, or mechanical engineering. In addition, when operating an engineering business, all requirements described in B&P Code section 6738 must be met. If the require¬ments are not met, the licensee could be considered to be aiding and abetting in the unlicensed practice, or offering to practice, civil engineering.


Q: Can a civil engineer offer and practice structural engineering?


A: Yes. Civil engineering embraces structural engineering; therefore, a civil engineer may offer and practice structural engineering. However, a civil engineer may only use the title “Structural Engineer” if he or she has obtained the second license as a Structural Engineer.

There are also some great articles in the Board's Bulletin.  Click here to read all of them.