Bailing out as PE 1

[PostFrameSE]

The firm I work for entered into a contract with a customer to provide design and construction services for a "commercial" project. We designed the project, got state approval, and now the customer has allowed someone else to construct the building, using a different framing system than had been designed. This happened unbeknownst to us, and now when we try to contact the customer, he will not return our calls.

At this point, I want nothing to do with this project and would like to remove my name and firm as EOR. What is the best way to do this? Write the customer, local and state authorities? I suspect some of you have experienced this before and would appreciate your thoughts. Has anything "criminal" been done here?

Thanks

 

[DRWeig]

Hi PostFrame,

Seems to me that if the job got built with variations from your sealed plans and specs, you're off the hook on the variations. However, if there are aspects of the plans that were followed -- you'll still have liability there and I don't think you can remove yourself from it with just a statement.

Sorry they gigged you!

Good on ya,

Goober Dave

 

[IRstuff]

You could contact your state board. Either a new EOR has signed off, or your customer is practicing without a license.

TTFN

FAQ731-376

 

[BJC]

"You could contact your state board."
Not should - do it. The building inspector in the jurisdiction should also know.
Look at your contract.

 

[Ron]

Two things....write a letter to the building official, withdrawing as EOR for the reasons you stated. Send by certified mail and copy to your client by certified mail.

Send a letter to your client telling them the same thing and that you do not accept any liability for any use or mis-use of your "engineering instrument of service".

IRstuff makes a good point as well...If another engineer has accepted the project and has used any of your work, he has several obligations under most engineering laws. He has to notify you, he has to validate all of your work, and he has to notify the building official. If he did not do these things, he has probably violated several provisions of your engineering law.

If no engineer accepted the project, then as IRstuff noted, maybe your client is practicing engineering without a license or fraudulently passing your engineering off valid for the system used.

 

[msquared48]

Before you do any of the above, and possibly get egg on your face, make sure that another permit was not obtained for a different design using another engineer.

Things like this do happen when a contractor takes control of a job, the owner wants to save money, and the contractor has an engineer in his hip pocket.

Mike McCann
MMC Engineering

 

[TDAA]

Was just going to say the same thing as Mike. See what they used. Work through the building official if you have to. I would think they would help you determine if your plans were used improperly, if you state those concerns.

 

[PostFrameSE]

Thanks to all of you for your responses!! That helps!

 

[Ron]

Good point, Michael!!

 

[RacingAZ]

I'm with Mike, that's a good point. A trip to the building department is in order. The building official will actually let you take a peek on the permitted set of drawings. If it turns out they are your drawings, you can tell the official on the spot what's going on.

 

[DRC1]

We do design build of heavy & marine work. I have had this happen a few times. Have sent a letter stating that the project was not perfomed under my control and therefore the plans should no longer be considered stamped by us. Copy everyone who will rely on plans including building officials. Proving plagurism is easy, winning in court is not. Tried once lost horribly.

 

[purdue87]

i would like to hear the outcome of this one.

Thanks,
Scott

 

[PostFrameSE]

Sure. The customer had given us a very healthy down- payment on this project. To date we have direct costs equal to about 10% of what he has given us. Because the VALUE that we have given him far exceeds the cost we have incurred, we feel justified in keeping all of that down payment, and the customer seems to realize that that is the way it is going to be. As we thought more about this, if we pull out of the job, the customer has nothing....therefore it wouldn't be right for us to keep ALL of his money, so we did some checking. I went to the jobsite and learned that it's not being built too shabby, it's just not in accordance with the released drawings. They're using a different framing method.

We proposed to the customer that for a small fee (a matter of principle more than anything) despite him stiffing us and not giving us the construction portion of the signed agreement that we will work with him, re-draw the structure with the different framing system, get the state release, I would still do my rigorous inspections, and then we'd both win. He accepted that proposal.

Part of our request to do this was that the supplier of the floor and roof trusses and entire framing package needs to provide a stamped/certified plan of what they've done, so that I as EOR know what has been produced, and that somebody else is taking responsibility for those components. Typically, I design, and my company fabricates those components. In this case, somebody else provided them, so I feel I have every right to have those stamped.

That along with a few other things was expected by us of the customer to be provided. Now it's been a few days, customer is once again not returning our phone calls, and we still haven't received the appropriate information to do the re-design. We know we're dealing with a "snake" here, so I called the building inspector and asked that the project be "red-tagged." That was done via a phone message, but I suspect that will be done.

So....the saga continues. The contractor told us that he has about three more weeks before completion. I sense that he is trying to buy time to get done and out of there before this issue is resolved, so the red-tag should help him re-consider.

People are interesting......or shall I say maddening!!??

Thanks for asking.

 

[MacGyverS2000]

Keep us up to date on this one... I love to see snakes get trampled.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[racookpe1978]

Don't wait on the letter while you attempt to get the contract fixed:

Writing an "exception memo" (or "he didn't build what is on the plans" letter) after the wall has fallen down during construction or erection holds very little water, leaves a bad impression in court, and leads to nice igh lawyer costs.
And it does a poor job of getting you off the "consumer relations" part for future work.