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2018 Georgia Code 43-15-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-15-1 Case Law from Google Scholar Amendments to OCGA 43-15-1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 15. Professional Engineers and Land Surveyors, 43-15-1 through 43-15-31.

ARTICLE 4 DENTAL ASSISTANTS

43-15-1. Purpose of chapter.

This chapter is enacted to safeguard life, health, and property and to promote the public welfare.

(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.)

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 engineering 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), cert. denied, No. S10C0519, 2010 Ga. LEXIS 249 (Ga. 2010).

Cited in Lanier at McEver, L.P. v. Planners & Eng'rs Collaborative, Inc., 284 Ga. 204, 663 S.E.2d 240 (2008).

RESEARCH REFERENCES

ALR.

- Constitutionality of statute regulating land surveyors or civil engineers, 55 A.L.R. 307.

Cases Citing O.C.G.A. § 43-15-1

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McEver v. Planners & Engineers Collaborative, Inc., 663 S.E.2d 240 (Ga. 2008).

Cited 35 times | Published | Supreme Court of Georgia | Jun 30, 2008 | 284 Ga. 204, 2008 Fulton County D. Rep. 2124

...es. Because this clause allows shifting liability for third-party claims from one contractor to another, it is an indemnity. Holmes v. Clear Channel Outdoor, supra, 284 Ga.App. at 477, 644 S.E.2d 311. [7] Professional engineers are regulated at OCGA § 43-15-1, et seq. The very first provision of that Code section states, "[t]his chapter is enacted to safeguard life, health, and property and to promote the public welfare." OCGA § 43-15-1....
...rs of engineering experience, and passing a written examination. OCGA §§ 43-15-8 and 43-15-9. Only engineers certified by the Georgia Board of Professional Engineers and Land Surveyors may engage in the practice of "professional engineering" (OCGA § 43-15-18), and they must adhere to rules of professional conduct promulgated by the Board, including practicing in "a manner as to protect the safety, health and welfare of the public." Thus, professional engineers are very much like physicians an...
...tract." Ga. L.2007, p. 208, § 1. The 2007 version of the statute is not applicable to these parties, and, as such, I do not consider any effect it may have upon construction contracts such as the one now in question before this Court. [10] See OCGA § 43-15-1 et seq. [11] Moreover, PEC retains an incentive to act with the appropriate standard of care in order to avoid possible sanctions imposed by the State Board of Registration for Professional Engineers and Land Surveyors. See OCGA §§ 43-15-6 through 43-15-19.