AGO 81-057.

• Case Date: June 11, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-057. OPINION 81-57Date Issued: June 11, 1981 (AGO 81-57) Requested by: State Board of Registration for Professional Engineers and Land Surveyors- QUESTIONS PRESENTED - Whether the State of North Dakota and its political subdivisions are exempt from the provisions of Section 43-19.1-28 of the North Dakota Century Code requiring the supervision of a registered professional engineer in construction of public work projects contemplating an expenditure in excess of five thousand dollars. Whether the State Board of Registration for Professional Engineers and Land Surveyors may enforce compliance by the state and its political subdivisions with the provisions of section 43-19.1-28, N.D.C.C., if the state and its political subdivisions are not exempt from that law.- ATTORNEY GENERAL'S OPINION - It is my opinion that the state and its political subdivisions must comply with section 43-19.1-28, N.D.C.C., and employ a registered professional engineer in the construction of a public works contemplating an expenditure in excess of five thousand dollars. It is my further opinion that the board may ensure compliance with the provisions of chapter 43-19.1, N.D.C.C., pursuant to section 43-19.1-32, N.D.C.C. - ANALYSIS - I. Section 43-19.1-28, N.D.C.C., provides:

43-19.1-28. PUBLIC WORKS. This state and its political subdivisions, including counties, cities, townships and legally constituted boards, districts, commissions, or authorities, shall not engage in the construction of public works involving the practice of professional engineering as herein defined when the contemplated expenditure for the project shall exceed the sum of five thousand dollars, unless the engineering drawings and specifications and estimates have been prepared by, and the construction is executed under the supervision of, a registered professional engineer. Any engineering contract executed in violation of this section shall be null and void. Subsection 5 of section 43-19.1-29, N.D.C.C., provides the following exemption:

43-19.1-29. EXEMPTION CLAUSE. This chapter shall not be construed to prevent or affect:

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5. The practice of engineering and land surveying by any persons regularly employed to perform engineering services solely for his employer or for a subsidiary or affiliated corporation of his employer,

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