Bus. & Prof. Code, § 6749 · Article 3. Application of Chapter
Bus. & Prof. Code, § 6749
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the client’s representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1) A description of the services to be provided to the client by the professional engineer.
(2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3) The name, address, and license or certificate number of the professional engineer, and the name and address of the client.
(4) A description of the procedure that the professional engineer and the client will use to accommodate additional services.
(5) A description of the procedure to be used by both parties to terminate the contract.
(6) Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services.
(b) This section shall not apply to any of the following:
(1) Professional engineering services rendered by a professional engineer for which the client will not pay compensation.
(2) A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract.
(3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4) Professional engineering services rendered by a professional engineer to any of the following:
(A) A professional engineer licensed or registered under this chapter.
(B) A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(C) An architect licensed under Chapter 3 (commencing with Section 5500).
(D) A contractor licensed under Chapter 9 (commencing with Section 7000).
(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G) A public agency.
(c) “Written contract” as used in this section includes a contract that is in electronic form.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 588, Sec. 8. (AB 3253) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6749.
- Text hash
- sha256 2c58ec56422c15f7ba9abfc8caf4889021502fc43f647ae272c36620cb49775d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, div. 3, ch. 3ArchitecturePrinted as Chapter 3 (commencing with Section 5500)
- Bus. & Prof. Code, div. 3, ch. 9ContractorsPrinted as Chapter 9 (commencing with Section 7000)
- Bus. & Prof. Code, div. 3, ch. 12.5Geologists and GeophysicistsPrinted as Chapter 12.5 (commencing with Section 7800)
- Bus. & Prof. Code, div. 3, ch. 15Land SurveyorsPrinted as Chapter 15 (commencing with Section 8700)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.