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Malpractice & Settlement Judgment Claims


NOTE: THIS INFORMATION IS FOR LICENSEES ONLY!

It is not for reporting complaints to the Board
To file a Complaint, go to the Complaints web page.

Professional Engineer and Professional Land Surveyor
Pursuant to Sections 12-25-108 (1)(k) and 12-25-208 (1)(k), C.R.S., 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.

 

Architect
Pursuant to Section 12-25-312 C.R.S. - Notification to board. Each architect shall notify the board of any judgment or settlement involving the architect and resulting from a claim concerning the life safety of the occupants of a building. The architect shall notify the board within sixty days after the judgment or settlement.

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

 

4.10.3 – Malpractice Report Forms. Reports filed by architects, professional engineers and professional land surveyors pursuant to Sections 12-25-108(1)(k), 12-25-208(1)(k), and 12-25-312, C.R.S., 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.

Following is the form on which the reporting of a malpractice claim and settlement judgement claim is required.

You have two options to access the necessary forms.

Professional Engineer, Professional Land Surveyor or Architect

1. The first option is to download the fillable pdf form. This will allow you to input the information directly into the form on your computer, save the pdf and print out your report. The protected format will allow you to complete the form using a computer while not changing the form.


2. The second option will be to download the forms and print the blank form out on your computer and complete the form by hand or on a typewriter. This form is also provided in Adobe's Portable Document Format (PDF).

 
 
 

 
Adobe Acrobat Reader is required in order to view and print many of these materials. If you do not have Adobe Acrobat Reader, download the latest free version directly from the Adobe website, or convert a document to text.

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1560 Broadway, Suite 1350, Denver, CO 80202 Email
(303) 894-7800 - Phone (303) 894-7693 - Fax