CSK Defense
West Palm Beach Partner Jeremy M. Colvin
Case Summary
An attorney filed complaint with the Florida Board of Professional Engineers on behalf of her client against a CSK's client, a professional engineer who rendered services for a client constructing a multi-phase commercial project within the Village of Wellington, which became the subject of hotly contested civil litigation in Palm Beach County.
The lengthy complaint alleged misconduct, negligence, deceit, conflicts of interest, and work performed beyond the engineer's professional competence in connection with permitting and engineering services for the project. The allegations arose largely from deposition testimony elicited in the separate civil litigation filed by a property owner located adjacent to the project.
Following an investigation, a Probable Cause Panel of the Florida Board of Professional Engineers reviewed the allegations to determine whether the engineer (CSK’s client) had violated laws, regulations, or standards governing professional engineers licensed in Florida.
Defense Strategy
Mr. Colvin demonstrated that the allegations against the engineer were factually inaccurate, lacked evidentiary support, and largely concerned matters outside the Board's regulatory authority.
Mr. Colvin established that the engineer's responsibilities were limited in scope and did not extend to many of the activities identified in the complaint. He also addressed allegations of a conflict of interest by demonstrating that the relationship was known and had not been concealed.
Outcome
The Florida Board of Professional Engineers' Probable Cause Panel determined that there was no probable cause to believe the engineer had violated Chapter 471, Florida Statutes, or applicable regulations. Accordingly, the Panel dismissed the complaint in its entirety against the professional engineer.
This result underscores the importance of clearly defining professional responsibilities in agreements and engagement documents, adhering to that defined scope of engagement, and documenting the professional’s work during the progress of a project, particularly when an engineer's involvement is limited to a specific scope of work within a larger project.
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