Is an electronic signature valid?

Yes. Electronic signatures meeting ESIGN (15 U.S.C. ch. 96) and UETA standards are generally enforceable if they show intent, consent, attribution, and retention. Confirm any consumer disclosure requirements for consumer-facing transactions.

Notarization depends on local requirements and whether the instrument will be recorded. Check local recorder or permitting rules; some jurisdictions accept RON with identity proofing and audio-video recording.

Can a building department later require PE plans?

Yes. A local authority may later determine that certain work requires PE-certified plans despite a prior No PE Agreement. Include a clause allocating responsibility and consult the permitting office before relying on the agreement.

What if names don’t match official records?

Mismatched party names can create enforceability issues and delays. Use the exact legal entity name and have authorized signers provide titles and credentials to prove authority.

How long should I keep signed copies?

Retain signed agreements for the contract term plus at least 3 years, longer for construction-related matters or where statutes of repose may apply; follow IRS and HIPAA retention rules when applicable.

How to prove signer identity for electronic signatures?

Use platform audit trails, authentication (SMS, KBA), and optionally notarization/RON. For high-risk transactions, require stronger signer authentication and retain associated logs.

No PE Agreement

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NO PE AGREEMENT

Parties

Party A (Client) — Legal Name Party A — Address for Notices Party A — Contact Person Party B (Service Provider) — Legal Name Party B — Address for Notices Party B — Contact Person

Recitals

WHEREAS, Party A engages Party B to provide the services set forth in this Agreement and Party B has agreed to provide such services as an independent contractor; and

WHEREAS, the Parties intend that the performance of services by Party B shall not create a permanent establishment, taxable presence, or other equivalent business taxable nexus in the jurisdiction of Party A or any jurisdiction in which the Parties operate, except as expressly agreed in writing;

WHEREAS, the Parties desire to set forth their understanding and respective responsibilities with respect to allocation of tax liabilities, control of activities, and procedures to avoid the creation of a permanent establishment.

Agreement

Effective Date: ,

Scope of Work

Party B shall perform the services described below in accordance with the terms of this Agreement. The description below is intended to define the services and constraints necessary to preserve the Parties' intention that no permanent establishment is created.

No Permanent Establishment; Independent Contractor

1. Independent Contractor. Party B shall perform the services as an independent contractor. Nothing in this Agreement shall be construed to create a partnership, agency, joint venture, or employment relationship. Party B has no authority to act on behalf of or to bind Party A.

2. No PE. The Parties acknowledge and agree that it is their mutual objective that the activities contemplated by this Agreement do not give rise to a permanent establishment, taxable presence, or similar status in the jurisdiction of Party A or any other jurisdiction where Party A operates. To this end, Party B shall conduct services so as to avoid creating a fixed place of business, dependent agent status, or other conditions that constitute a permanent establishment under applicable tax treaties or domestic law.

3. Allocation of Tax Liabilities. Party B is responsible for its own taxes and social contributions arising from the performance of the services. Party A shall not withhold or pay taxes for Party B unless required by applicable law. If any tax authority asserts a liability against Party A arising from the acts or omissions of Party B that would not have arisen but for the creation of a permanent establishment or equivalent, Party B will indemnify and hold Party A harmless for such liability, including reasonable costs and penalties.

4. Cooperation. The Parties shall cooperate in good faith and promptly provide information reasonably requested by the other party to establish that no permanent establishment exists or has arisen. Party B shall notify Party A in writing within days of any material change in the manner or place of performance that could reasonably be expected to give rise to a permanent establishment.

Payment Terms

Total Payment Amount Payment Schedule and Milestones Late Fee for Overdue Payments

Term and Termination

Term Commencement: ,

Term Expiration: , unless earlier terminated in accordance with this Agreement.

Notice Period for Termination (Days)

Either party may terminate this Agreement for material breach by the other if the breach remains uncured thirty (30) days after written notice specifying the breach, subject to the notice period set forth above. Termination for convenience may be exercised subject to the notice period and any agreed wind-down obligations.

Confidentiality

Each party shall maintain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information shall not include information that is publicly available other than by breach of this Agreement, independently developed without use of confidential information, or rightfully obtained from a third party free of restriction.

Confidentiality Obligations shall survive termination of this Agreement for years, except for trade secrets which shall be protected for so long as they qualify as trade secrets under applicable law.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict-of-law principles. The Parties will endeavor to resolve any dispute arising out of this Agreement through good faith negotiations. If negotiations fail, the Parties may submit disputes to arbitration or the courts as agreed in writing.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from and against any loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of a breach of that party's representations, covenants, or obligations under this Agreement, including any taxes, penalties or other charges resulting from a determination that a permanent establishment or taxable nexus was created by the indemnifying party's actions.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate in writing.

Notice Address — Party A Notice Address — Party B

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any modification or amendment to this Agreement shall be valid only if in writing and signed by authorized representatives of both Parties.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and the Parties shall negotiate in good faith a substitute valid provision that most nearly effects the Parties' intent.

Party A (Client):

Printed Name:

By:

Date:

Party B (Service Provider):

Printed Name:

By:

Date:

What a No PE Agreement Is and When it’s Used

A No PE Agreement is a written declaration used in construction, permitting, and real estate transactions where parties agree that professional engineering (PE) certification, a licensed engineer’s stamp, or PE-designed plans are not required for a specific scope of work or submission. The document identifies the parties, the limited scope exempt from PE involvement, and any representations about compliance with applicable codes or permit conditions. It helps allocate responsibility, clarify whether permits or inspections rely on PE-stamped documents, and creates a record of the parties’ mutual understanding.

Why a Clear No PE Agreement Matters

A precise No PE Agreement reduces ambiguity about who bears design and code-compliance responsibility, supports permitting conversations, and documents the parties’ intent for liability allocation under contract and local building codes.

Typical parties and contexts where No PE Agreements appear

Common users include property owners, general contractors, subcontractors, architects, and permitting agents who need to confirm whether PE involvement is required for a specific submission or minor scope of work.

Owners and developers seeking to limit engineering scope during small alterations or nonstructural repairs.
General contractors documenting that subcontracted trade work does not require a PE seal.
Permitting agents and plan reviewers clarifying submission requirements with local building departments.

Who typically signs and executes this agreement

Property Owner

An individual or entity owning the site who confirms awareness of the scope and agrees that no PE-stamped documents will be provided for the specific work. This party should understand the implications for inspections and liability and ensure the agreement matches permit requirements.

Contractor / Agent

A licensed contractor, project manager, or authorized agent who attests the described work does not require a professional engineer and accepts operational responsibility for complying with applicable building codes and permit conditions.

Core elements to include in a professional No PE Agreement

A complete No PE Agreement combines clear identification, narrow scope language, signatures, and references to governing law so that responsibilities and expectations are documented and enforceable.

Parties

Full legal names and entity types for each party, including contact details and a primary representative authorized to sign.

Scope

A precise description of work, locations, plans, and conditions for which PE services are explicitly not required.

Authority

A statement that each signer has the authority to bind their organization, including job title or role.

Representations

Statements that the scope complies with applicable codes or a declaration that the party assumes risk if the authority later requires PE involvement.

Governing law

Choice of law clause naming the state whose rules will govern interpretation and enforcement of the agreement.

Signature blocks

Dated signature lines for each party, with printed name and title; include witness or notary lines if required locally.

Step-by-step: preparing and executing a No PE Agreement

Follow this sequential guide to prepare, confirm applicability, and obtain valid signatures for a No PE Agreement.

01

Draft the agreement: Populate parties, precise scope, and governing law before circulation.
02

Confirm code/permit status: Ask the local building department or plan reviewer whether PE certification is required.
03

Obtain signatures: Collect signatures from authorized representatives; use eSignature or notarization if required.
04

Store and distribute: Share signed copies with permitting authorities, owner, and contractor; retain originals per retention rules.

How electronic signing and routing typically work

An eSignature workflow speeds execution while preserving an auditable record of intent, identity, and timing for each signer.

Upload the document: Sender uploads the No PE Agreement PDF or DOCX to the eSignature platform.
Place fields: Sender adds signature, date, and role fields where each party must act.
Authenticate signers: Signers authenticate by email link, SMS code, or stronger methods if required.
Complete and archive: Signed copies and an audit trail are generated and stored with the final document.

Technology and format considerations for digital completion

Choose a platform that supports standard file types, common integrations, and audit trails required for legal records.

File formats: PDF, DOCX and fillable forms are commonly supported for reliable preservation.
Integrations: Connectors to Salesforce, Microsoft 365, NetSuite, Box, and Procore help automate storage and routing.
Authentication: Email, SMS, KBA, and SSO options strengthen signer attribution when needed.

Configuring an online No PE Agreement workflow

Use these common settings to create a repeatable digital workflow that enforces field completion and secure routing.

Field	Configuration
Signature Order	Set sequential or parallel signing to control who signs first.
Required Fields	Make name, effective date, and scope required before sending.
Authentication Level	Select email link, SMS code, or KBA depending on risk.
Retention Policy	Automatically store signed PDFs and audit trails in chosen cloud folder.

Common timing considerations and deadlines

Track effective dates, permit submission windows, and any signer deadlines to avoid delays or disputes.

Effective Date:

Set the MM/DD/YYYY start to establish when obligations begin.

Signature Deadline:

Specify a date by which all parties must sign to preserve permit timelines.

Permit Window:

Submit documents before local permit application cutoffs to avoid rejection.

Record Retention:

Keep signed originals per retention rules in case of later reviews.

Revocation Period:

Identify any period during which a party may revoke consent, if applicable.

Common preparation mistakes to avoid

Using vague scope language that fails to specify exact work or locations, leading to disputes.
Failing to confirm local permitting authority requirements before relying on a No PE declaration.
Entering inconsistent party names or missing authorization details that undermine enforceability.
Skipping authentication or audit-trail capture when relying on electronic signatures for proof.

Key risks and potential consequences of an incorrect agreement

Permit denial: Local authority may reject submissions that lack required PE-stamped documents, delaying work.

Liability shift: Parties assuming no PE may bear design or safety liability if code compliance is challenged.

Insurance exposure: Insurer may deny coverage if required professional involvement was omitted or misrepresented.

Contract disputes: Inaccurate agreements can trigger breach claims or indemnity obligations under related contracts.

Regulatory fines: Municipal or state code violations can result in fines or stop-work orders.

Enforceability issues: Poorly executed signatures or missing authorization may render the agreement legally inoperative.

How a No PE Agreement compares to an engineering contract

This comparison highlights differences in purpose, obligations, and typical requirements between the two document types.

Criteria	No PE Agreement	Engineering Contract
Purpose	document lack of pe	retain pe services
Design responsibility	contractor/owner	licensed engineer
PE stamp required	no for stated scope	yes for stamped deliverables
Typical risk allocation	owner/contractor assume risk	engineer retains professional liability

Examples of how organizations use No PE Agreements

Real-world examples show how the document reduces delays and clarifies responsibility when PE work is unnecessary.

Martin Properties — Small Renovation

The owner documented nonstructural interior upgrades to avoid submitting stamped plans

The agreement clarified permit submissions and reduced rework
The signed record prevented a later dispute over responsibility when inspectors accepted the scope.

BIS — Site Work Clarification

A contractor used a No PE Agreement to state that specific grading adjustments did not require engineering plans

The document included a scope exhibit and authorization
The contract language helped resolve a contractor-subcontractor dispute without litigation.

Comparison: eSignature vendor features and entry prices

Pricing and feature availability vary by vendor and plan. This table shows starting prices and common capabilities for baseline comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes (BAA)	Yes (BAA)	No	No

Common questions and issues when using a No PE Agreement

Answers to frequently asked questions about enforceability, notarization, electronic signing, and interactions with permitting authorities.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures meeting ESIGN (15 U.S.C. ch. 96) and UETA standards are generally enforceable if they show intent, consent, attribution, and retention. Confirm any consumer disclosure requirements for consumer-facing transactions.
Do I need a notary?
Notarization depends on local requirements and whether the instrument will be recorded. Check local recorder or permitting rules; some jurisdictions accept RON with identity proofing and audio-video recording.
Can a building department later require PE plans?
Yes. A local authority may later determine that certain work requires PE-certified plans despite a prior No PE Agreement. Include a clause allocating responsibility and consult the permitting office before relying on the agreement.
What if names don’t match official records?
Mismatched party names can create enforceability issues and delays. Use the exact legal entity name and have authorized signers provide titles and credentials to prove authority.
How long should I keep signed copies?
Retain signed agreements for the contract term plus at least 3 years, longer for construction-related matters or where statutes of repose may apply; follow IRS and HIPAA retention rules when applicable.
How to prove signer identity for electronic signatures?
Use platform audit trails, authentication (SMS, KBA), and optionally notarization/RON. For high-risk transactions, require stronger signer authentication and retain associated logs.

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