Can Engineers Be Held Liable in Missouri Construction Disputes?
Oct 23 2025 On Behalf of David M. Duree & Associates, P.C. Construction And Engineering Disputes
What happens when engineers bear responsibility for construction defects that cause problems on your property? Some construction faults may occur due to errors in building plans and specifications. However, construction engineers handle the development of the plans and specifications that contractors must follow on a project. As a result, what liability might engineers have in a construction dispute in Missouri?
Legal Bases for Engineer Liability in Missouri
Construction engineers, like other licensed professionals, owe a duty of care to perform their jobs competently. As a result, an engineer in Missouri may bear liability to a property owner when the engineer negligently designs construction plans that lead to defects or other issues for a property. An engineer may be negligent when they make design decisions that other engineers of similar training and experience would not make in identical circumstances. Individual engineers can also have liability for construction problems alongside the engineering firm they work for, as licensed professionals always bear liability for negligent acts they commit.
Common Situations Leading to Engineer Liability
Examples of scenarios that can lead to engineers having liability for construction defects in Missouri include:
- Design errors or omissions that create safety hazards in buildings or risks of structural failures
- Inaccurate or incomplete project plans and specifications that lead to construction flaws or errors
- Failure to supervise or inspect progress on a construction project to ensure it conforms to plans and specifications
- Creating designs that violate state and local building codes or that do not comply with construction engineering industry standards
Proving Engineer Liability in a Construction Dispute
Holding an engineer liable in a construction dispute requires proving negligence. A negligence claim has four elements: duty, breach, causation, and damages. A construction dispute will require establishing the duty of care owed by the engineer, how the engineer failed to comply with their duty, how the engineer’s breach of duty directly and proximately caused the construction problems, and the financial losses sustained by the property or project owner.
In most cases, parties asserting negligence claims against construction engineers will need expert testimony to establish the applicable standard of care or professional standards that the engineer should have followed. Sometimes, the contract between the engineer and the property or project owner may also establish standards that the engineer should have followed, which can be referenced in supporting a claim against them.
Defenses and Limitations to Engineer Liability
Construction engineers may assert various factual or legal defenses to mitigate or eliminate liability for construction defects, such as:
- Comparative negligence of other parties, including property or project owners who insist on specific design details or contractors who conceal deviations from project plans
- Adherence to industry standards, such that other engineers likely would have made the same design decisions
- Expiration of the statute of limitations, which requires claimants to file suit within 10 years of the completion of a construction project
- Contractual limitation of liability clauses, under which a property or project owner or contractor may assume liability for construction defects, or which impose a specific dollar amount to cap an engineer’s liability for defects
Preventing and Resolving Engineer-Related Disputes
Having comprehensive written agreements with a detailed scope of work can help reduce the risk of construction disputes arising from an engineer’s work. Contracts may also include dispute resolution clauses that require parties to submit construction disputes to mediation or arbitration. Finally, keeping thorough records during a construction project can help resolve disputes more quickly.
Contact a Construction Law Attorney
If a construction project results in defects or deficiencies in your property due to errors in the plans and specifications made by an engineer, you may have a legal claim against them to recover compensation for your losses. Contact David M. Duree and Associates, P.C., today for a confidential consultation with a Missouri construction law attorney to learn more about your options for holding a construction engineer liable for defects caused by their negligence.