O.C.G.A. § 43-15-1 (2019)
Short title and purpose
This chapter shall be known and may be cited as the “Professional Engineers and Land Surveyors Act of 2021” and is enacted to safeguard life, health, and property and to promote the public welfare.
History
Ga. L. 1937, p. 294, § 1; Ga. L. 1945, p. 294, § 2; Code 1933, § 84-2101, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2022, p. 604, § 1/HB 476. The 2022 amendment, effective May 9, 2022, inserted “shall be known and may
be cited as the ‘Professional Engineers and Land Surveyors Act of 2021’ and”.
Annotations
Editor’s notes. Ga. L. 2018, p. 583, § 1/SB 425, effective July 1, 2018, reenacted this Code section without change.
JUDICIAL DECISIONS Limitation of liability provision did not violate public policy. - Limitation of liability provision contained in a contract between a real estate developer and an engineering firm was enforceable because the provision represented a reasonable allocation of risks in an arms-length business transaction and did not violate the public policy underlying O.C.G.A. § 13-8-2(a) or the public policy for professional engineering practice set forth in O.C.G.A. § 43-15-1 et seq.; the limitation of liability provision did not release the firm from liability for the firm’s engineer-
ing errors because the firm remained liable to the developer for the firm’s errors up to $50,000, and although the provision capped the firm’s liability, the firm remained substantially responsible for the firm’s professional errors and retained the incentive to perform engineering services with due regard for the safety, health, and welfare of the public. RSN Props. v. Eng’g Consulting Servs., 301 Ga. App. 52, 686 S.E.2d 853, 2009 Ga. App. LEXIS 1314 (2009), cert. denied, No. S10C0519, 2010 Ga. LEXIS 249 (Ga. Mar. 15, 2010).
RESEARCH REFERENCES ALR. Constitutionality of statute regulating
land surveyors or civil engineers, 55 A.L.R. 307.