McLJ
Structural
- Feb 4, 2005
- 24
Hi All and thanks in advance for your input. Here's my conundrum:
Roughly 4 years ago, a tenant in a residential property contacted me about a concern he had while performing some repairs. I told him at that time that I had no concerns about the issue he had contacted me about, but that if the City wanted a formal review then I would need a contract and payment. I never heard back from him.
Fast forward to this year: I was contacted by the property owner who informed me that the Building Official had requested an engineer's opinion during the course of some new 'repairs'. Upon entering the property it was immediately evident that there had been a great deal of renovation, not simply repairs. The handyman on site performing this work handed me a copy of a "Notice and Inspection Report" issued by the city Building Official. The report outlined a number if issues and insisted upon an complete structural review and permit application prior to work continuing. It was dated 2008 shortly after my conversation with the tenant.
My first issue was that the client had willingly misrepresented the work required. I contacted the building Official to make sure the report I had was the most recent and clarify exactly what he wanted as far as documentation. He wanted the full meal deal: report, photos and detailed plans suitable for permit application. I then informed my client that the work required to satisfy the Building Official was far more than originally understood and that the price would increase accordingly. She authorized me to continue and to pursue permits on her behalf.
In the mean time, she ignored all entreaties by the Building Official to contact her, at which time he contacted me to encourage her to call. Then, yesterday, the building official found both the owner and the handyman at the house, at which point he demanded, again, that all work stop until permits were issued. (That's what happens when your property is on Main Street less than 2 blocks from City Hall) He also told her at that time that in his opinion, the house was at the end of it's useful life and she should consider tearing it down as the cost of repairs would exceed to value of the property. (I agree, by the way.) He also issued a formal letter outlining the same with a request that I provide the report to him directly as soon as it is complete. This letter was copied to me by both the Building Official and the Client.
I have since received an email from the Client requesting I not deliver the report to the Building Official. Here are my thoughts:
1. Client has not been forthcoming from the beginning and has resisted all attempts at conversation by the Building Official.
2. Client insists the repairs are cosmetic and everything done up to the new letter should somehow be grandfathered in. (Considerable un-permitted structural work has been done since my first visit in 2008.)
3. I strongly suspect that if she does not like the contents of my report, she will try and find someone to write a more sympathetic report - if possible.
4. She's not going to like my report. The structure, built in the 70's, was very poorly detailed and there has been a great deal of water intrusion (top to bottom) resulting in extensive mold and rot. Previous additions were not built to any code I am aware of and some structural members are grossly over-spanned. In short, I feel it is not habitable nor safe.
5. I feel I have a duty to provide this information to the Building Official as soon as the report is finished as it is a matter of public safety.
So - Here's my question: Do I submit the report to the Building Official as he requested or not as my Client requested?
(NOTE: I am the only engineer in a very small rural town and I like being on the Building Official/Inspector's good side. Plus, he knows I'm preparing the report and plan to have it done on Monday. It's not relevant to my ethics question, but it certainly affects my working relationship with the city.)
Roughly 4 years ago, a tenant in a residential property contacted me about a concern he had while performing some repairs. I told him at that time that I had no concerns about the issue he had contacted me about, but that if the City wanted a formal review then I would need a contract and payment. I never heard back from him.
Fast forward to this year: I was contacted by the property owner who informed me that the Building Official had requested an engineer's opinion during the course of some new 'repairs'. Upon entering the property it was immediately evident that there had been a great deal of renovation, not simply repairs. The handyman on site performing this work handed me a copy of a "Notice and Inspection Report" issued by the city Building Official. The report outlined a number if issues and insisted upon an complete structural review and permit application prior to work continuing. It was dated 2008 shortly after my conversation with the tenant.
My first issue was that the client had willingly misrepresented the work required. I contacted the building Official to make sure the report I had was the most recent and clarify exactly what he wanted as far as documentation. He wanted the full meal deal: report, photos and detailed plans suitable for permit application. I then informed my client that the work required to satisfy the Building Official was far more than originally understood and that the price would increase accordingly. She authorized me to continue and to pursue permits on her behalf.
In the mean time, she ignored all entreaties by the Building Official to contact her, at which time he contacted me to encourage her to call. Then, yesterday, the building official found both the owner and the handyman at the house, at which point he demanded, again, that all work stop until permits were issued. (That's what happens when your property is on Main Street less than 2 blocks from City Hall) He also told her at that time that in his opinion, the house was at the end of it's useful life and she should consider tearing it down as the cost of repairs would exceed to value of the property. (I agree, by the way.) He also issued a formal letter outlining the same with a request that I provide the report to him directly as soon as it is complete. This letter was copied to me by both the Building Official and the Client.
I have since received an email from the Client requesting I not deliver the report to the Building Official. Here are my thoughts:
1. Client has not been forthcoming from the beginning and has resisted all attempts at conversation by the Building Official.
2. Client insists the repairs are cosmetic and everything done up to the new letter should somehow be grandfathered in. (Considerable un-permitted structural work has been done since my first visit in 2008.)
3. I strongly suspect that if she does not like the contents of my report, she will try and find someone to write a more sympathetic report - if possible.
4. She's not going to like my report. The structure, built in the 70's, was very poorly detailed and there has been a great deal of water intrusion (top to bottom) resulting in extensive mold and rot. Previous additions were not built to any code I am aware of and some structural members are grossly over-spanned. In short, I feel it is not habitable nor safe.
5. I feel I have a duty to provide this information to the Building Official as soon as the report is finished as it is a matter of public safety.
So - Here's my question: Do I submit the report to the Building Official as he requested or not as my Client requested?
(NOTE: I am the only engineer in a very small rural town and I like being on the Building Official/Inspector's good side. Plus, he knows I'm preparing the report and plan to have it done on Monday. It's not relevant to my ethics question, but it certainly affects my working relationship with the city.)
