What Has PSPE Done for You Lately? | Pennsylvania Society of Professional Engineers

State Courts and Legislature Examining Statute of Repose

PSPE is at the table speaking on behalf of licensed engineers. Add your voice to make sure licensed engineers are heard.

The Pennsylvania Statute of Repose law protecting engineers, architects, and contractors has been in place since 1976. If you’re not familiar with the difference between a statute of limitations and a statute of repose, don’t feel bad; most people aren’t. A statute of limitations’ clock begins upon discovery of the error or defect, while the repose statute is a hard stop after a certain number of years. In Pennsylvania, contractors, architects, and engineers have a 12-year time limit starting upon substantial completion, after which a legal action cannot be filed against them. At least, that is the current law. Presently, there are two cases pending before the Pennsylvania Supreme Court challenging the longstanding interpretation of the law.

In Aloia v. Diament Building Corp, an action was brought against a homebuilder alleging that the building was not constructed in compliance with the applicable building code of the time. The law reads that the service must be “lawfully” offered. The plaintiff’s argument is that non-compliance with the building code violates the “lawfully” provision of the law and therefore the protection of the statute of repose is nullified for the contractor. None of the lower courts, including the Commonwealth Court, agreed with that argument but the plaintiff has appealed to the state’s top court.

In a separate case, Clearfield County v. Transystems Corporation Successor for Robert Kimball and Associates and Leonard S. Fiore, Inc., the County is arguing that the statute of repose law is in conflict with nullum tempus, a legal doctrine that translates as “time does not run against the king”, a special protection that applies to government entities. The case involves a 43-year-old project in which the county claims there was a missing beam. This case is also on appeal to the state supreme court after the Commonwealth Court upheld the statute of repose law to the benefit of the contractor. If the County is successful in its case, the result would be perputal liability on public construction projects.

The state General Assembly is aware of the disputes, and legislation has been introduced to address the issue. Senate Bill 399 amends the statute of repose law by providing a definition for the term “lawfully”. It simply requires that the person (or firm) offering the service be licensed or otherwise authorized to perform the service. The bill also reduces the time for legal actions to be filed from 12 years to 6 years. The legislation was introduced by Senator Dan Lauglin of Erie County and is presently in the Senate committee on Judiciary.

The Pennsylvania Socity of Professional Engineers (PSPE) has filed a friend of the court brief, along with a number of other design professional organizations, defending that statute of repose law. PSPE is also advocating for the passage of Senate Bill 399.

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Pennsylvania Engineering Foundation and Pennsylvania Society of Professional Engineers Awarded Grant to Promote Licensure and Address Engineer Shortage

“We are thrilled to receive this grant from the PA Department of Labor & Industry,” said Jennifer Summers, Executive Director of the Pennsylvania Engineering Foundation. “This funding will allow us to make a real difference in addressing the critical shortage of licensed engineers in the Commonwealth. By encouraging recent graduates to take the FE Exam early, we can help ensure a smooth transition into the workforce and accelerate their path to becoming licensed Professional Engineers.”

The Pennsylvania Engineering Foundation (PEF), the Pennsylvania Society of Professional Engineers (PSPE) and Wanner Associates, Inc., in a collaborative effort, have been awarded a significant Industry Partnership Grant from the Pennsylvania Department of Labor & Industry (L&I). This grant will fund a comprehensive initiative to promote awareness of the Importance of the Fundamentals of Engineering (FE) Exam among recent engineering graduates an encourage them to take the exam shortly after graduation.

The FE Exam is the first step towards becoming a licensed Professional Engineer (PE). Passing the exam demonstrates a fundamental understanding of engineering principles and prepares graduates for the demands of the profession. The grant will enable PEF and PSPE to develop and implement a multi-faceted campaign that includes:

Awareness outreach programs for engineering students and faculty at Pennsylvania universities.
In interactive video sessions, college engineering seniors will get first-hand advice on the FE exam and career paths through one-on-one interviews and a roundtable discussion with experienced licensed professional engineers.
A subsidy program to help defray the cost of taking the FE Exam.
Development of online resources specifically tailored to Pennsylvania engineering students.

“This initiative aligns perfectly with PSPE’s mission to support and promote the engineering profession in Pennsylvania,” said Summers. “By working together with PSPE and the PA Department of Labor & Industry, we can ensure a strong and qualified engineering workforce for the future of the Commonwealth.”

The grant program is a critical component of the PA Department of Labor & Industry’s ongoing efforts to address workforce shortages in ey industries. Pennsylvania, like many states nationwide, faces a growing demand for licensed engineers across various sectors. This initiative aims to bridge the gap by encouraging a new generation of engineers to pursue and contribute their skills to the state’s economy.

About the Pennsylvania Engineering Foundation (PEF)

The Pennsylvania Engineering Foundation (PEF) is a non-profit organization dedicated to promoting and supporting the engineering profession in Pennsylvania. PEF works to inspire future engineers, enhance the professional development of practicing engineers, an advocate for public policies that support a strong and vibrant engineering community.

About the Pennsylvania Society of Professional Engineers (PSPE)

The Pennsylvania Society of Professional Engineers (PSPE) is the largest engineering society in Pennsylvania, representing over 17,000 licensed engineers and engineering students. PSPE provides its members with professional development opportunities, advocacy on legislative issues impacting the profession, and a network of colleagues across the state.

About the Pennsylvania Department of Labor & Industry (L&I)

The Pennsylvania Department of Labor & Industry (L&I) is committed to ensuring a safe and healthy work environment for all PEnnsylvanians. L&I also works to connect employers with a skilled workforce and promote economic development throughout the Commonwealth.

Contact: Jennifer Summers, Executive Director, jennifer@wannerassoc.com, 717-441-6051

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PSPE is at the table speaking on behalf of licensed engineers. Add your voice to make sure licensed engineers are heard.

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