Structural and civil engineers design and document projects. The design process carries responsibilities, often with inadequate authority.

Potential triggers for litigation are identified as:
• The contractual arrangements between the designer and contractor is a primary cause, since the implementation of the design is not always adequately controlled by the design engineer.
• Contractors deviations to agreed lines of responsibilities.
• Designers ad hoc site inspections are a hazard. Vicarious responsibility is invoked by this process with the designer often blamed for construction problems.
• Being a professional carries a moral hazard, that is professionals are perceived as having superior knowledge, whereas others knowledge, despite often being highly skilled and experienced, are less valued.
• PI insurance should not be relied upon to mitigate economic loss.
• Professionals are human, and disputes will always occur.

Avoiding litigation is a strong motivator for engineers. Some triggers for litigation are identified, with a set of principles to limit the affect of those triggers. The cost to engage in the dispute process is often disproportionate to its fairness and the initial intent of the dispute.

It is a truism that disputes removes the resolution of the dispute from the parties, and enhances the parties whose job it is to find a solution.