Enforcement

Filing a Complaint

Anyone can submit a complaint against architects, professional engineers, organizations, or members of the public.  If you believe there has been a violation of The Nebraska Engineers and Architects Regulation Act (Title 110 of the Nebraska Administrative Code), please complete and submit a Complaint Form. You will need to submit a written account of the alleged violation, who was involved, and the project address (if applicable). Any contracts, technical documents or other evidence supporting your complaint can also be submitted with the Complaint Form. Providing as much information as possible is helpful to the Board. Board staff will typically contact you within one week of receiving the complaint to verify the information and gather any additional information that may be required. 

Board staff will review the allegations and the Board will decide if there is probable cause that a violation has occurred. 

Typically, the complainant receives a letter notifying them of the outcome of the complaint. If the Board finds a violation of the E&A Regulation Act and/or Board Rules occurred, the Board may resolve the matter through disciplinary action via a formal or informal process. If no violation occurred, the Board dismisses the complaint.

Complaints are summarized in the Board's electronic newsletter, The Nebraska Professional. The identity of the Respondent is only published when the Board takes disciplinary action. In instances where the Board has taken disciplinary action, the resulting Order of Disciplinary Action or Settlement Agreement is considered public record and available upon written request. Investigative records of the Board may be withheld upon a public records request, per Nebraska statutes regarding public records. 

Remediation

Remediation is an informal process used by the Board to involve licensees on building projects in Nebraska subject to The Nebraska Engineers and Architects Regulation Act. While remediation may cause delays and added expense, it ensures that the health, safety and welfare of the public is protected through the involvement of licensed professionals.

Respondents

The respondent is the person or firm alleged to have violated the Nebraska E&A Regulation Act and/or Board Rules. Respondents can be an architect, professional engineer, organization or member of the public.

When the Board authorizes remediation, the Board will specify whether the project involves the practices of architecture and/or engineering. The owner will receive a letter from the Board detailing whether an architect and/or professional engineer(s) will need to be involved. The Board does not select, assign, or recommend licensed professionals to remediate a project. It is up to the owner to find a licensed architect and/or professional engineer. To find a licensed professional, use our Licensee Lookup feature.

While reviewing a project, one professional might observe components of the project that are outside their area of competency. This may necessitate other licensed design professionals becoming involved in the remediation process, including but not limited to, an architect, professional engineer, professional engineer of a specific discipline, an electrician, mason, HVAC specialist or plumber.

A complaint and remediation process is not an order to stop construction. The licensed remediation professional(s) will review any existing plans and the structure itself to identify any deficiencies. If the remediation professional identifies immediate concerns of public safety, it is the professional’s responsibility to notify appropriate authorities. Notification may result in a stop order from the local building official. It may be appropriate to stop construction if the remediation professional identifies deficiencies that raise an immediate concern. Stopping construction allows deficiencies to be corrected and can deter additional potential deficiencies created during construction.

Licensees

If you are a licensed professional engineer and architect engaged to review the project, it is your responsibility to identify concerns to public safety, health, and welfare.

Initial Remediation Letter

The initial remediation letter should reflect every step of the remediation process provided in Rule 8.4.1.1.1 to 8.4.1.1.9. Generally, the letter should include:

1.   Identification of the project and an explanation of the remediation professionals’ relationship to the project.

2.   Identification of any deficiencies, including any that raise immediate concerns of public safety. If there are immediate public safety concerns, the remediation professional should indicate whether there is a local authority to notify and whether they did notify the authority.

3.   Describe your recommendations to correct deficiencies and the kinds of technical documents that may need to be produced.

4.   A statement affirming that the remediation professional takes responsibility for the remediation design.

5.   If remediation requires the involvement of other design disciplines, identify those disciplines or licensed professionals and designate a coordinating professional.  If there are multiple design professionals, each licensee may prepare their own remediation letter. The coordinating professional would then prepare a letter that lists each design professional involved and their roles in the remediation. Alternatively, each licensee would prepare their portion of the remediation letter and identify the portion that they are responsible for.

6.   Seal, sign, and date the letter.

Coordinating Professional

Projects involving more than one licensed architect or professional engineer shall have an architect or professional engineer designated as the coordinating professional for the entire project. The Coordinating Professional is a licensed professional engineer, professional landscape architect, or architect recognized as such by the project owner.

If there are multiple design professionals involved, each licensee may prepare their own remediation letter. The coordinating professional will then prepare a cover letter that lists each design professional involved in the remediation. Alternatively, each licensee prepares their portion of the remediation letter and identify the portion that they are responsible for. The coordinating professional should be designated in the remediation letter and appear on the cover sheet of any newly produced technical documents.

Building Plans and Technical Documents

New building plans and technical documents may need to be produced during remediation. There are three general conclusions of a remediation review:

1.  The remediation professional did not identify any deficiencies. When there are no deficiencies, there is no need to produce technical documents.

2.  Deficiencies were identified, but they can be corrected without new technical documents. In this situation, the deficiencies can be corrected through a detailed written description provided by the remediation professional in a remediation letter.

•   If building plans already exist, the remediation professional may be able to make corrections through annotations, clouding, and deltas.

•   If existing documents are revised, the revisions must be attributed to the individual responsible for the revisions.

3.  Deficiencies were identified that will require design corrections detailed in technical documents. In this case, technical documents will be produced by the remediation professional in addition to the remediation letter.

If the deficiencies require design corrections or revisions to existing documents, these officials may require another submission of technical documents. A copy of the remediation letter should be included with any new submission of technical documents.

Final Remediation Letter

The final letter must confirm the project is in compliance with the E&A Act, all deficiencies have been removed, and taking responsibility for the project.