Client vs code 4

[EslamSH]

If the code mandate to make kind of tests on the material and the client refuse to make this tests.
What should a contractor do?
Does he respect the code or the client!?

 

[TugboatEng]

Refuse the work. If you get caught violating code you'll never get work again. The client can always hire elsewhere. You are the one taking the risk here.

 

[EslamSH]

@TugboatEng, You mean that Code requirements are over client needs?

 

[XL83NL]

Depends on the code, Id say. B31.3 provides a different approach on owner responsibilities.

Huub
- You never get what you expect, you only get what you inspect.

 

[isoca]

You can carry out the work as your client wishes, however, the material cannot be certified under that code / standard (unless there is a section that enables it)

 

[MJCronin]

Lets be clear here, the question being asked here is either a LEGAL QUESTION or a FUTURE BUSINESS OPPORTUNITY QUESTION

It is not an Engineering question .... and this is an Engineering Forum

MJCronin
Sr. Process Engineer

 

[dik]

strictly speaking... but, it is of interest and something some of us have encountered. Can you add to the discussion?

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

Client vs Code

Haha, on many days that is a fair description of my life dealing with vendors and their crappy documentation.

But to your point, the Code is the law, full stop. If you are in a jurisdiction where it is not the law, it will take an average lawyer in a litigation case only 5 minutes to prove to the judge that any accepted industry standard IS the law.

Act accordingly.

"Everyone is entitled to their own opinions, but they are not entitled to their own facts."

 

[SnTMan]

Be helpful if we knew who was doing what to whom...

The problem with sloppy work is that the supply FAR EXCEEDS the demand

 

[Tmoose]

OP's country code is EG = Egypt.

This is not intended in any way as a slight upon our Mid Eastern brothers, however ...........

A technically clever and observant friend lived in Egypt for a year or 2, 20 plus years ago.
During a visit home he brought some picture of concrete construction projects in process (in Cairo?).
I commented on the smooth, featureless re-bar very obvious in some of the pictures.
He replied "yeah, some of their buildings fall down."

As recently as 2014 it looks like the BBC considered it a news-worthy topic.

https://www.bbc.com/news/world-middle-east-21192988

2021 Egyptian construction problems still make the news.

https://www.ctvnews.ca/world/infant-found-alive-after-egypt-building-collapse-kills-25-1.5365539

 

[SJones]

Write a technical query to the client pointing out the specific issues, and request that the client respond with the way forward, signed by an authorised signatory.

You are asking about sour service testing in another thread. If your situation is related to the use of ISO 15156, note that the standard is written on the basis of the end user of the equipment being responsible for all matters related to its application.

Steve Jones
Corrosion Management Consultant

http://www.linkedin.com/in/drstevejones

All answers are personal opinions only and are in no way connected with any employer.

 

[DekDee]

Agree with all the comments.
Bottom line is the Client can enforce more stringent requirements than the code but cannot reduce the requirements.
However, as XL83NL noted some codes allow the owner to assume the responsibility of code provisions.
More info would help.

 

[DVWE]

Bottom line is the Client can enforce more stringent requirements than the code but cannot reduce the requirements.

100%

The devil is in the details; she also wears prada.

 

A vendor recently asked me to 'waive' a NB mandatory PWHT.

Sure, and I can just 'waive' what's left of my career...

"Everyone is entitled to their own opinions, but they are not entitled to their own facts."

 

[EdStainless]

When I worked in a tube mill we had a customer that 'needed material fast, so just leave off the testing'.
I had a new quote sent to them, lowered the price 1%, shortened the lead time, and removed all references to specifications.
They were not amused, but they got the point.

= = = = = = = = = = = = = = = = = = = =
P.E. Metallurgy, consulting work welcomed

 

Well I've always understood that quality tube just makes itself.

"Everyone is entitled to their own opinions, but they are not entitled to their own facts."

 

[weldstan]

When a major oil client had mandated that welders be qualified to its specification, mainly in accordance to ASME IX but not all of it, and there were welds that many of the welders would make in the field but were not qualified to make under ASME IX and B31.3, I wrote a letter to them signed by our project manager and myself stating that we would not take any responsibility for those welds made by the subcontractors' unqualfied welders siting the requirements of both codes therein.

 

weldstan,

We're now into whistleblower territory. Despite a lot of fooferaa about new 'legal protections', a whistleblower always gets screwed. (Think 'Challenger'.)

"Everyone is entitled to their own opinions, but they are not entitled to their own facts."

 

[weldstan]

Didn't get screwwed and neither did the company but that was over 30 years ago.

 

He was sidelined, and people died because management was determined to launch.

What has changed since 1986?

"Everyone is entitled to their own opinions, but they are not entitled to their own facts."