Changed Drawings????

[runoff]

Civil Engineers;

Have any of you ever had an architect or any other profession change your drawing in the field and build to it without contacting you? If so, what kind of liability do I have on the project? I had a design that I completed for site grading, drainage and retaining walls and I was called out to the project to make some field recommendations. When I got there, I found that certain elements of the design were not built per the design and they have had problems with drainage because they did not implement my drawing. Come to find out, they wanted to cut some of the materials up front of the project and the architect marked out two catch basins, modified piping and changed several of the spot elevations. The contractor took that to go and did not question the architect or ask to bring the engineer out to verify the changes would work. They have had significant grading issues and water is not flowing right. I told the contractor that they did not build to what was designed and they are on their own. I contacted my lawyer and he said that they do not and cannot make a claim against me. Any similar situations out there????

Thanks
RUNOFF

 

[PatBethea]

I run into this type of thing alot in HVAC. I've also experienced it in the design of septic systems. Often contractors know a 'shortcut' or some other 'money saver' for the client. Alot of times, what they do works out. When it doesn't work out and I get called back to "fix it", I raise my rates at least 100%. Dealing with contractor/architect/owner-induced headaches is sometimes not worth it and walking away like you did is sometimes for the best.

I've been led to believe the same thing that your lawyer told you - you can't be held liable in this type of situation.

 

[fratrowie]

you cant be held liable alright! let them fix there problem, sleep well with a smile...


happens alot to me


fratrowie

 

[jkellerfsu]

I do not believe you are liable UNLESS - for some crazy unprecedented reason, the contract you entered has a clause which says you allow someone to change your drawings.

Now who would do that?

But yes, it happens frequently, and the evil architects are always behind it :-b

 

[BigH]

Now that you know the drawings are changed, you should consider putting the client on written notice that these changes have been made without your input and, as a result, any such changes makes the responsibility of your design mute. - may need a lawyer to word it more legalses.

 

[BigH]

oops - NIL instead of "mute".

 

[kchayfie]

I work in the design office of a design and build outfit. Our own site guys build it a different way that the design all the time. Our management are nearly all from the build side of the company. When it doesn't work, design are always liable. I'd love to have a lawyer and a contract in the middle to cover my backside!

If they want to make a claim against your design, they're gonna have to prove that your design doesn't work. And in order to do that, they're gonna have to actually build what you designed and not just something similar...

 

[runoff]

Thank you everyone for the comments. We all sat down and the architect admits making a mistake by changing the drawings. He came up with some excused but anyway. I think he was more worried that I was going to report him to the board more than cost of fixing the actual problem. I have never had my butt kissed that much in a long time. Anyway, the contractor will back charge the architectural firm for the corrections and the contractor will pay me for my time correcting what they did, which will be billed back to the architectural firm as a part of the back charge.

Anyway, it all worked out. Thanks

Runoff

 

[crossframe]

"...and the architect marked out two catch basins, modified piping and changed several of the spot elevations."

If the roles were reversed, and YOU modified the roofline or removed some sort of bump out "to save some money," how long do you think it would've taken the architect to accuse you of "practicing architecture?"

Only you know if this is actually worth the fight, but too often this sort of thing happens because we (engineers) let it happen.