Dropping a client / successor engineer

[struct_eeyore]

I've got a job where a client (a contractor) wishes to move forward with a project faster than I would be able to accommodate them. A substantial portion of said project has already been built, but there are numerous deviations from design drawings which were never run by me, and which need to be accounted for. Initially I had an email agreement to take care of this as additional services, but again, can't do it on expedited schedule as they wish. I have recommended the that the client get a successor engineer, which at present seems to be the way they will go. I can't really interpret anything in the termination clause in my contract that would officially allow me to drop them in this case - but I'm thinking maybe a letter to the building department is needed to explain the situation ( and ensure another engineer takes over - considering there is a good bit of risk involved if the retrofits aren't implemented)(?). Any other thoughts/opinions?

 

[dik]

Phone him and talk to him and send him a letter if things don't 'slow down'.

 

[struct_eeyore]

Dik - I have, in addition email. I did get the PM on their end to issue a stop work order at first, but they are now proceeding with other parts. I have no reservations about relinquishing the job to another engineer as long as they can ensure everything gets put together correctly. But, since I don't have any way to know what is going on other than constantly pestering them, I'd really like to get the building dept. involved to ensure that a proper successor comes in.

 

[dik]

If you've already notified him and nothing has happened. If there are outstanding issues that have already been constructed he needs to pause to enable you to 'catch up'. Write him a letter of caution about what the outcomes you are concerned about and inform him that if this doesn't stop in, say 3 days or 7 days, that you will be informing the building official. I don't know if you can suggest that you will be withdrawing your services.

You may want to talk to your insurance company and ask for information/advice.

 

[Smoulder]

Will be smoother if you and them both agree way forward. Maybe rougher ride if you go the bldg dept on your own. Sounds like you had a contract and then a written variation to do extra work. You say program is a problem but contract might have something to say about that along the lines that you agreed to keep up. Would be reasonable to assume you considered status of project being under construction before agreeing to the variation. Check that before being pushy. Again it would be smoother if it's them who decide to go elsewhere and on good terms. I wouldn't be telling them to stop work. You open yourself up to claims telling them what to do.

 

[SocklessJ]

Its tough to say what I’d actually do in the situation, but I think the right thing to do is:

Write a letter to the AHJ, copy the contractor and the owner. State that you have evidence that the building is not being constructed in accordance your plans and specifications. You requested the contractor stop work and correct defects, but he is proceeding in a manner which could render said defects hidden and unrepairable. Due to the potential danger to public, it is your strong recommendation that the AHJ issue a formal stop work order to the contractor.

This should put the fear of God into all everyone involved.

 

[Aesur]

What kind of time line would you need to continue working on the project, if you are needing say a week or 2 to catch up there is a chance our responses would be different than say needing a few months.

Do you have any colleagues you could 1099 the work to and keep it running through you by chance? I assumed you were a one man shop or smaller operation based on this post.

 

[dik]

Write a letter to the AHJ, copy the contractor and the owner. State that you have evidence that the building is not being constructed in accordance your plans and specifications. You requested the contractor stop work and correct defects, but he is proceeding in a manner which could render said defects hidden and unrepairable.

I'd send that to the project manager/contractor, first. If nothing is done within a short period of time, then to the AHJ. Advise them that after the 'short period of time' that you will involve the AHJ.

 

[lexpatrie]

This is going to be a mess either way, but despite the deeper ramifications, this project needs a red tag from the city.

They willfully deviated from the plans and you need this project stopped to protect health, welfare, and life-safety, is what it sounds like. Their overriding your engineering decisions triggers the need to inform "the authorities".

If you think the deviations are beyond what you can fix, that would also be the trigger for ethically pulling the plug, not on your work, but on the project going forward until you can review things. Be sure there is a very clear documentation of all your communication on the unauthorized deviations and failure to follow procedures (i.e shop drawings never sent) because most likely this is pre-lit.