Construction Admin - Legal Responsibility 9

[abusementpark]

For structural engineers, in general, what is your legal responsibility with regard to construction administration?

I am particularly interested in your thoughts on to what level of inspection one needs to provide to verify that the structure is being built according to your plans. Do you hold a responsibility to go through and verify every detail/every connection? I know sometimes our contracts dictate a minimum number of required site visits. However, do the contracts get specific in the level of detail?

Here's one example: Let's say you make what was planned to be your last site visit to a jobsite and notice several items that are out of compliance with the structural drawings. You note them to contractor and follow-up with an extensive field report document each problem and the associated remedial action, Is it then also your responsibility to go back on site and ensure that these problems are fixed?

 

[slickdeals]

To ignore the semantics of a business that depends on accuracy of communication as much as accuracy of computation is ludicrous.

Well said Ron. But I don't think I am going to be the guy to bell a cat that's been purring for 30+ years.

We are Virginia Tech
Go HOKIES

 

[Ron]

slickdeals...point taken, but for your personal approach you might start getting in the habit of thinking about the liability protection offered by careful wording of your contract terms and conditions, the notes on your plans, the reports you write, your emails, and any other correspondence.

Who knows...one day you might have you boss's job and will need to properly lead your charges.

 

[dik]

In addition, a couple of other related items come up often. Correspondence in the form of eMail or transmittals often make reference to Inspection. Right from the very beginning of a project under construction I clearly note that we are not providing inspection services and that there should be no reference to Inspection in future submittals. Also a stickler for Shopdrawing review by the Contractor...

Dik

 

[H57]

I live in Nebraska. State Law requires the following:

"(b) Construction phase service includes at least the following services: (i) Visiting the project site on a
regular basis as is necessary to determine that the work is proceeding generally in accordance with the
technical submissions submitted to the building official at the time the project permit was issued; and (ii)
processing technical submissions required of the contractor by the terms of contract documents. The term
does not include supervision of construction, review of payment applications, resolution of disputes
between the owner and contractor, and other such items which are considered additional construction
administration services which the owner may or may not elect to include in the architect's or engineer's
scope of work;"

Furthermore the law states that if the owner of the property does not hire a licensed professional or a person under the direct supervision of a licensed professional to provide minimum construction phase services than the owner is engaged in the practice of architecture or engineering.

 

[EIT12]

Thank you abusementpark for this thread.

I too have asked the same questions you've asked regarding ethical responsibilities as structural engineers. Is it ethical professionally, to be involved in a project where you are told by the owner to design a structure where you know he will not hire anyone to inspect the contractor's work or even obtain a permit for that structure. The owner did not request any calculations, only drawings, and offered to pay you cash.

Would anyone be comfortable with accepting the projects and the money and go along with what he wants to do?

 

[Ron]

EIT12...you cannot control the decisions of an owner or your client. When they engage your services, it is for YOUR services to design to the parameters they have given as well as designing to code requirements and meeting the standard of care of our profession. Unless your state law requires some level of inspection (and some do as noted by H57 and to some degree in my state as well), then you have no obligation to try to force that issue. You can; however, in the performance of your services, write into the specification that certain inspections be do and you can dictate the level of the individual required to do such inspections. If your specification is then used in the process of getting a building permit for the project, those specifications then become requirements of the permit.

 

[hokie66]

EIT12,
In my opinion, for what it is worth, accepting a commission such as you described is unethical. It certainly offends my sense of ethics.

 

[msquared48]

To me, it is tanamount to taking the money and turning your back on the inevitable outcome. It's flat wrong. Don't do it.

If I were you, I would alert the local jurisdiction to be on the watch for his project. Let the local inspector be the bad guy here. It's the least you can do for the community, your profession, and your professional reputation.

Mike McCann
MMC Engineering
Motto: KISS
Motivation: Don't ask

 

[EIT12]

Ron, hokie66, and msquared48 - Thank you for your comments.

It's nice to know there are structural engineers out there with the same ethical obligation that I have. No, I did not accept the project. As Ron had mentioned, I can not control the decisions of the client. I can however, control my decision to behave ethically or not.

Unfortunately, he did not disclose the location of the project to me, therefore, I can not alert the local jurisdiction. Given his experience with me, I doubt the owner will disclose his intension to the next structural engineer.