2 questions: spec for nonmetallic rebar chairs; client did not follow spec, am I liable?

[Geoffre14]

We spec masonry dobies or plastic chairs in concrete footing pours cast against earth.

The contractor used regular steel chairs instead. We flagged it because we are concerned metal chairs will corrode and deteriorate the ftg. We asked them to correct it but it didn't happen. The client directed the contractor to pour (because they are rushing to meet schedule).

They poured. The client stated we are not responsible and they will put it in writing.

1. Are we being overly conservative by trying to insist on non-metallic chairs? What are your offices' standard practice?
2. If we have a paper trail showing our spec was not followed and the client 'signed off' on it, we would not be responsible in the end, correct? I should not feel worried about liability?

 

[XR250]

I would not lose sleep over it.
Won't likely be a problem until long after you're pushing up daisies!

 

[Earth314159]

If you look at steel piles, they typically don't corrode very easily unless they are near the surface and exposed to air and water. I think that rebar in the footing will be similar. But it is hard to say for certain since there are other factors involved. The rebar sticks above the soil level but is also protected by the concrete when it is above grade.

A client can say anything they want but they don't speak on behalf of third parties. If they sell the property and there is an issue or someone is injured, I do not believe you are covered. Even if they legally indemnify you, they have to be around and have the funds available to cover off any claims which then leaves you exposed to liability.

Having said that, there is probably all kinds of mistakes that contractors make that engineers won't realistically be able to catch. Out of all the things I have seen contractors do, I am sure that there issues that were not caught. It is the nature of construction and human beings. You just can't catch it all but the maintain thing is that you are doing reasonable due diligence. In the end, that is what insurance is for.

The other important question to ask yourself is "What are the consequences". If this is just a money issue, it is not as big a deal. If you believe that the issue can reasonable lead to someone getting physically injured, you need to do something regardless of what the client says.

 

[MIStructE_IRE]

Not ideal. However I wouldn’t lose sleep, or my client, over it.

 

[Geoffre14]

Thank you everyone for your input