Question....I have been offered by Company "A" to review and recommend design changes, if needed, for a concrete pad to house equipment and misc items in my state. The design is very basic and all the req'd structural notes have been called out etc. Drawing is standard concrete pad done by company "A". Company "A" is in another state and rec'd a contract from Company "B", however they would like to hire a local PE to review/sign and seal and if necessary attend any meetings. Is this the accepted industry norm and what dangers can be involved by doing so? I am not an employee of either company A or B. Both companies have licensed employees in this state, but due to logistics cannot attend site visits economically. Do I need my own insurance? Right now I'm just planning on signing and adding my own caveats to the drawing to specifically state what I reviewed. In other words not approving designs that are outside my competency. Since this is just a concrete pad I thought the risk would be minimal.?
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- Thread starter adurbin
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I agree with PEinc. That keeps everything clean. As the local representative, you can then contract with them for whatever site visit services they have and limit your liability. You might consider personal insurance since some states may hold you individually liable. Otherwise, make sure your contract has a tight indemnity clause to protect you. In your contract, you might try to limit your liability to the amount of your fee and no more.
If it's outside your competancy, you should not be stamping it.
Ron is correct, but you need to review their design completely if you are going to stamp it.
There should be no reason why their PE's in the state can't stamp it. I would argue (not with them) that since they have PE's in the state, they have stamped designs before.
If you can get them to stamp it and you do the review, that's the best. If they insist you stamp it, be very careful and do a very thorough design review.
If they expect you to inspect or surveil the construction, I'd be EXTRA careful.
I avoid construction inspection as much as possible.
Good luck, let us know what you end up deciding and how it turns out.
Ron is correct, but you need to review their design completely if you are going to stamp it.
There should be no reason why their PE's in the state can't stamp it. I would argue (not with them) that since they have PE's in the state, they have stamped designs before.
If you can get them to stamp it and you do the review, that's the best. If they insist you stamp it, be very careful and do a very thorough design review.
If they expect you to inspect or surveil the construction, I'd be EXTRA careful.
I avoid construction inspection as much as possible.
Good luck, let us know what you end up deciding and how it turns out.
If it was me, I'd do it. Money in this economy sounds nice.
Make sure you have a good contract with them. Have an attorney look it over if you haven't done this kind of thing before.
Charge appropriate rates to cover your fees.
Determine the kind of risks you might take on, your relationship with the company, and whether or not you are comfortable doing the work.
Every PE points out that you cannot simply review work. However, I have met dozens of PEs in multiple states that do exactly that. It appears to be a story of "do what I telly you to do, not do as I say."
Make sure you have a good contract with them. Have an attorney look it over if you haven't done this kind of thing before.
Charge appropriate rates to cover your fees.
Determine the kind of risks you might take on, your relationship with the company, and whether or not you are comfortable doing the work.
Every PE points out that you cannot simply review work. However, I have met dozens of PEs in multiple states that do exactly that. It appears to be a story of "do what I telly you to do, not do as I say."
- Thread starter
- #9
Thanks for the great comments. The work is not outside my competancy. However, after further review I have decided that its best to have a contract set-up with some exclusions of what I am reviewing and possibly limit my liability to the fee billed. Right now company "A" is in the beginning stages and would like to just have premliminary review set of dwgs stamped. These would not be issued for construciton. Basically showing the location of a concrete EQ. pad in relation to other geographic features (bldgs, trees, and other landscape features). The drawing will have in bold "NOT FOR CONSTRUCTION". No construction visits/surveys are required.
Now does anyone know where I can obtain/download some example contracts for this type of work?
Now does anyone know where I can obtain/download some example contracts for this type of work?
Google is a good start. Lots of information there.
Frankly, I'd hire an attorney if you are getting a decent hourly rate. You can spend 10 hours reaseraching when you could get $100 an hour or you can hire an attorney for $200 to write one for you.
Frankly, I'd hire an attorney if you are getting a decent hourly rate. You can spend 10 hours reaseraching when you could get $100 an hour or you can hire an attorney for $200 to write one for you.
LobstaEata
Structural
A $200 contract written by an attorney? I'd love to know where to find such an animal. My attorney charges $300 per hour and recieves a call from me only when I forget how to read.
How about using EJCDC contracts? You can buy these consensus agreements inexpensively the ASCE bookstore. They have already been thoroughly reviewed by the industry and legal community.
Regarding limits of liability....you can always try to contractually limit your professional liability, but the courts may still throw it out as being contrary to public policy. If you are running bare (insurance wise), be sure your ass(ets) are well protected.
yeah, I was also to ask the contact of $200/hr lawyer. I paid my lawyer in excess of $600 to tell me that we shall address the each probable incident on case by case basis, which was my own idea to begin with.
I think he is going to wait for a very long time before he hears from me again!
I think he is going to wait for a very long time before he hears from me again!
GregLocock
Automotive
That sounds like when Dilbert asked the PHB for a description of the company's strategy.
PHB: We'll evaluate each threat as it arises and deal with it appropriately.
D: Ah, we have /no/ strategy.
It was funnier in the original.
Cheers
Greg Locock
SIG
lease see FAQ731-376 for tips on how to make the best use of Eng-Tips.
PHB: We'll evaluate each threat as it arises and deal with it appropriately.
D: Ah, we have /no/ strategy.
It was funnier in the original.
Cheers
Greg Locock
SIG
lease see FAQ731-376 for tips on how to make the best use of Eng-Tips.I agree with LobstaEata....use one of the EJCDC contracts, you can download it and modify it to fit your situation.
Be sure that you have the following minimum provisions covered...
1. Limitation of Liability
2. Standard of Care
3. Ownership of Documents
4. Disclaim responsibility for site safety5.
5. Indemnification for YOUR negligent acts only
Be sure that you have the following minimum provisions covered...
1. Limitation of Liability
2. Standard of Care
3. Ownership of Documents
4. Disclaim responsibility for site safety5.
5. Indemnification for YOUR negligent acts only
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