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Exposure When Permit Issued and Completely Different Structure Built

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csways

Structural
Mar 20, 2019
15
I'm dealing with a situation where my drawings for Building A were submitted for permit, the permit was issued, and Building B was built. Apparently the Building Department was aware that the building to be built did not match the drawings, but issued the permit anyway.

The building is now built and has failed inspection for an incorrect header. The fact that is hasn't failed for looking nothing like the drawings amazes me.

What is my exposure here?
 
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So is B totally different than A or are they similar with a few alterations?

In either case one might simply write a letter stating facts.
State that your design was for A and not B and therefore you cannot assume any liability for B since it was built without your knowledge or design input.
You could ask who exactly designed it.

The letter would be sent to the client. Copying the "authority having jurisdiction" such as a local city building department may also be a good idea and perhaps ethically required.

Under engineering ethics guidelines, if you feel that the public safety is at risk, then you should send it to the building department if the client doesn't indicate who exactly designed it and you have assurance that a qualified and proper design was performed.



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You may want to contact your insurance company also. How would the building department know in advance that Building B was to be built? If they truly knew in advance, then it would appear the permit was not issued based on your Building A design. I would start with contacting the Client to ask why the building is different. You may want to have an informal talk to a lawyer before you get too far into contacting any governing bodies. Following the ethics guidelines may not keep you out of legal trouble.

For example, you contact Building Dept, they shut his job down till he gets an Eng stamp on the building design. Multiple parts of the completed building (such as foundations) will not meet code, so the building is somewhat useless. Sounds like a lawsuit marathon.

I am truly amazed that any inspection could have been done without a set of drawings for the inspector to go by. I would expect very little assistance from the City.
 
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