Missed Special Inspection 2

[akastud]

Hypothetical question for you here guys:

Lets say an architect and contractor Value Engineer special inspections out of a project. Upon the engineer learning of this liberty, the concrete walls to be inspected are halfway complete. How do you handle this situation?

akastud

David S. Merrell, P.E.
TOR Engineering

http://www.TOREngineering.com

 

[msucog]

well, i firmly believe the contractor is absolutely 100% responsible for any deviation from the project plans/drawings/documents. however, proving it is a different story if it's not so obvious. if the owners do not provide for engineer visits to the site, that is a prime opportunity to inform them that building code requires inspections. my industry (testing firms) has been prostituting itself for years and now we can only compete on many jobs more like a bid. if the owner doesn't want to pay my fees, then it's their loss. i've had clients leave because we were too expensive (due to somebody low balling us) but then they came back because they have confidence in what we do. we often must play the game of blaming someone for doing the inspections. i say, blame the building code. if building says to do the inspections, then tell the owner that. tell them that the best way they be cost effective is to hire a competent contractor that will not have inspectors on site 47 times for something that should have taken 5 trips. in turn, the EOR ends up with a better end product.

i'd put out letters before stating that we provided certain recommendations based on the need for follow up inspections. if they don't happen, my recommendations are void in a sense.

 

[miecz]

In this case I was given knowledge that it wasn't happening and therefore I feel it is my professional responsibility to do something about it.

I'd have to agree. If the SI for a particular project are required by law, then your responsibility is to specify which special inspections are required. Your responsibility to a particular project ends there.

Your responsibility to the public goes beyond that. If you know that a Building Official is not performing his/her duties, then this is a public safety issue. You should alert the proper state agency, though I'm not sure who that is.

 

[msquared48]

akastud:

You remove your stamp by writing a letter to the local jurisdiction stating the situation, and outlining the reasons why you want to be removed as the EOR of the project. They usually will comply. This action will release you from liability at least from that point forward, if not for the entire job. If the project is in the design stage, the client will have to retain another structural engineer. If in construction, depending on the jurisdiction, the job may continue using the original drawing set, and/or another structural engineer may have to be retained to handle any RFI's by the contractor. In either case, the owner has a problem.

I do make unannounced inspections and, to date, have had no problems with the contractor complying to my comments. Should he ever have a problem, he will find out whjat a phone call to the local jurisdiction with a cell phone can do, and how fast. It's called RED TAG! Shuts 'em down real fast. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Mike McCann
McCann Engineering

 

[archeng59]

I worked on a project where the contractor refused to follow the construction documents when doing certain things. I wrote several letters to the architect and owner about the issues that I observed that were not done in accordance with the CD's. I was concerned about the things I could not see, also. The architect and other engineers observed discrepancies and wrote letters to the owner, also. Eventually, the owner sued the contractor and design team because the building was not constructed in accordance with the CD's. The owner said it was the design team's responsibility to ensure the contractor built in accordance with the CD's. I hired an attorney who told me that as design professionals, it is not our responsibility to make sure the contractor follows the CD's. That's the owner's responsibility because he hired the contractor. Even if we are hired by the owner to make observations or inspections during construction, it is the contractor's responsibility to build the building in accordance with the CD's. We are required to report discrepancies to both the owner and contractor, and recommend that the contractor fix the discrepancies, but we are not empowered or required to force the contractor to do anything. The case went to arbitration and the design team was found to not be at any fault.

 

[msquared48]

archeng59:

I'm sorry to disagree with you and your lawyer, but you do have the power to withdraw your stamp from the project and to red tag. Thse are basic, irrevocable powers of a structural engineer when it comes to life safety. It may not get the contractor to comply, but it does look good in court for you. You did your due dilligence in trying to protect the interests of your client and the public.

There are other avenues to pursue and push the issue here too.

Mike McCann
McCann Engineering

 

[msquared48]

I do not think I stated the situation correctly above. Really it is not just the power of the structural engineer, it is their RESPONSIBILITY in the interest of public safety.

Mike McCann
McCann Engineering

 

[archeng59]

Until the arbitrator ruled that the design team was not at fault, I did not believe my attorney and thought he was wrong. I thought he was just supporting his client. That is the only arbitration I have been involved in, so I don't know how they generally turn out. Going into the arbitration, it was my understanding that ruling generally find fault of some kind with everyone involved even if some of the parties are innocent. After the ruling, my attorney backed that up by saying he was very surprised that the arbitrator put the blame for the problems mostly on the contractor but also on the owner and none on the design team. I now feel as though the ruling substantiated the attorney's statement that the design team cannot force the contractor to follow the CD's. I feel that if none of us, the design team, had written statements notifying the owner of the discrepancies then we would have been at fault and likely negligent in our responsibilities to the owner. Like msquared48 stated, the letters might not get the contractor to comply but it looks good in court. I don't necessarily want to look good in court. I want my buildings to be safe.

 

[akastud]

Mike,

I am sure that such actions and efforts will help your case in court, I just don't think that it is my "RESPONSIBILITY" to check to make sure that my construction documents are carried out by a contractor. He is a licensed individual (although we often question what value that has) who has the responsibility to carry out my drawings as shown. If he chooses to deviate from those plans, it is only my responsibility to take a course of action if I become aware of those deviations. I do not feel that I have not fulfilled my due dilligence by not seeking out those deviations.

akastud

 

[msquared48]

akastud:

I understand the reticence to assume "responsibility" for the results of an inspection when you are not being paid for it. On many smaller projects, I do not do any inspections. Most of these are handled by jurisdictional building inspectors. If I do not find any problems on the first inspection or have a working relationship with a contractor from a previous job and know of his work, I will not perform any more inspections unless there is a problem.

Not so with contractors I do not know, or larger projects. I try to integrate these unnannounced inspections in with my other daily travels to minimize my time. My interest is three fold - my reputation as an engineer, the client, and public safety. It's just my thing I guess.

Mike McCann
McCann Engineering

 

[akastud]

Mike,

I think your interests are noble and of great importance! I suffer in that some of my largest projects have been built 4-5 hours away and sometimes in other states. Sometimes projects go on hold then get built 3 years later and the first I know of it, the architect is sending me he magazine where he won some award. Due to those reasons, I feel like if I produce a complete set of plans with all the proper requirements, the rest is out of my hands unless I get told or asked about some issue.

akastud

 

[msquared48]

I know what you mean. I have done larger projects - high end homes in particular - in other states and must rely on local inspectors. It is too costly for the client for me to personally inspect. Goes with the territory I guess.

Mike McCann
McCann Engineering