State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors: Malpractice & Settlement Judgment Claims

Please note that this information is for licensees only.To file a complaint, please visit the Complaints webpage.

Professional Engineer and Professional Land Surveyor

Colorado law requires that if you have been subject to a malpractice claim against your license to practice engineering or land surveying in which a settlement was reached or a judgment was rendered, you must report the matter to the Board within sixty days. The law essentially states the following (this is modified to include both engineers and land surveyors):

  • Disciplinary actions - grounds for discipline. (1) The board has the power to deny, suspend, revoke, or refuse to renew the license and certificate of licensure or enrollment of, limit the scope of practice of, or place on probation, any professional engineer, engineer-intern, professional land surveyor, or land surveyor-intern for:
  • (k) Failing to report to the board any malpractice claim against such professional engineer or professional land surveyor or any partnership, corporation, limited liability company, or joint stock association of which such professional engineer or professional land surveyor is a member, that is settled or in which judgment is rendered, within sixty days of the effective date of such settlement or judgment, if such claim concerned engineering or land surveying services performed or supervised by such engineer or land surveyor.

For your reference, the Board has also promulgated a rule and a policy concerning this requirement as follows:

  • 4.10.1 - Malpractice Claim Defined for Architects, Engineers and Land Surveyors. For purposes of compliance the term "malpractice claim" is defined as a claim for damages asserted by any person against a licensee or against any partnership, corporation, limited liability company, or joint stock association of which such licensee was a member or employee and for whom the licensee was in responsible charge for the action subject to such claim for damages in a court of competent jurisdiction or submitted to alternative dispute resolution. This rule applies to claims that architectural, engineering, and/or land surveying services performed at any location by such licensee failed in any manner to meet generally accepted standards for such professional practice.
  • 4.10.3 - Malpractice Report Forms. Reports filed by architects, professional engineers and professional land surveyors shall be submitted on forms as provided by the Board.
  • 4.10.4 - Board Jurisdiction. The jurisdiction of the Board relates to individual licensees and not to architecture, engineering or land surveying firms. Regardless of whether the malpractice or life safety claim was against an individual licensee or against a partnership, corporation, limited liability company, or joint stock association of which such licensee was a member or employee, the licensee who was in responsible charge for the action subject to such malpractice or life safety claim shall report the claim within sixty days of the effective date of the date of settlement or judgment for said claim. If more than one architect, engineer and/or land surveyor is a party to the same settlement or judgment, each licensee shall file a report with the Board.
  • Policy 80.2 - Notification to Board of any action or arbitration concerning life safety claims. It is the policy of the Board that life safety includes, but is not necessarily limited to, the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards.
Architect

Notification to board. Each architect shall report to the board any malpractice claim against the architect, or against any entity of which the architect is a member, that is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned the practice of architecture performed or supervised by the architect, except that a licensee is not required to report any claim that was dismissed by a court of law.

For your reference, the Board has also promulgated a rule and a policy concerning this requirement as follows:

  • 4.10.1 - Malpractice Claim Defined for Architects, Engineers and Land Surveyors. The term "malpractice claim" is defined as a claim for damages asserted by any person against a licensee or against any partnership, corporation, limited liability company, or joint stock association of which such licensee was a member or employee and for whom the licensee was in responsible charge for the action subject to such claim for damages in a court of competent jurisdiction or submitted to alternative dispute resolution. This rule applies to claims that architectural, engineering, and/or land surveying services performed at any location by such licensee failed in any manner to meet generally accepted standards for such professional practice.
  • 4.10.3 - Malpractice Report Forms. Reports filed by architects, professional engineers and professional land surveyors shall be submitted on forms as provided by the Board.
  • 4.10.4 - Board Jurisdiction. The jurisdiction of the Board relates to individual licensees and not to architecture, engineering or land surveying firms. Regardless of whether the malpractice or life safety claim was against an individual licensee or against a partnership, corporation, limited liability company, or joint stock association of which such licensee was a member or employee, the licensee who was in responsible charge for the action subject to such malpractice or life safety claim shall report the claim within sixty days of the effective date of the date of settlement or judgment for said claim. If more than one architect, engineer and/or land surveyor is a party to the same settlement or judgment, each licensee shall file a report with the Board.
  • Policy 80.2 - Notification to Board of any action or arbitration concerning life safety claims. It is the policy of the Board that life safety includes, but is not necessarily limited to, the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards.

Report Malpractice Settlement or Judgment

You have two options to access and submit the necessary form:

  1. Download the fillable PDF form. Type the information directly into the form. Save the PDF and print your report. The protected format will allow you to complete the form on a computer without changing the form.
  2. Download the non-fillable PDF form. Print the blank form and complete the form by hand or on a typewriter.