Proposing a fix for another engineer's work 5

[CANeng11]

I'm wondering if there are any ethical issues in this situation:

A newly poured foundation settled and caused cracking in a house foundation wall. The builder was working with another engineer, who would have checked the soil bearing capacity of the site. That engineer proposed a fix for the foundation, but the builder didn't like his proposal and comes to us to ask for an alternative to the other engineer's proposal. Is there any issue with us proposing a fix? We haven't reviewed the other engineer's idea. Does it matter that the other engineer has liability because they did the original soils test, but won't be providing the fix?

 

[JohnRBaker]

I'm not sure that there's a problem. If you can provide a solution that will fix the problem in a way that all the codes are met and it presents no compromise for safety, how can it be an issue? It would seem to be the builder's decision. I suspect that he's simply afraid of throwing good money after bad, and he's looking for a way out that he'll have more confidence in. How he settles-up with the old engineer should not be of concern to you.

John R. Baker, P.E. (ret)
EX-Product 'Evangelist'
Irvine, CA
Siemens PLM:
UG/NX Museum:

The secret of life is not finding someone to live with
It's finding someone you can't live without

 

[jmec87]

You are likely ok as long as you are careful not to critique the other engineer's work. See Section 4.5.3 of APEGA's Guideline for Ethical Practice (available from APEGA's website at the below link):

https://www.apega.ca/docs/default-source/pdfs/ethical-practice.pdf?sfvrsn=78261e0b_2

 

[msquared48]

However, tread softly as the builder may have built part of the foundation on fill and part on native soil if it is on a sloped lot.

Do some research and ask some questions. Ask for any construction photos that are available from the contractor - and possibly a site visit.

As a matter of courtesy, let the other engineer know that the contractor has engaged you to solve the problem, should you decide to accept it.

Mike McCann, PE, SE (WA, HI)

 

[Ron]

@msquared48....exactly

 

[hokie66]

Mike and jmec87 are on point. Your first step should be to make the call to the other engineer. There may be a story there that you haven't been told.

 

[fel3]

If the first engineer's work is faulty and there is an E&O claim or one pending and the OP gets involved, he will mostly likely get dragged into the claims process. A conversation with the first engineer may be enough to decide whether or not to take this on.

============
"Is it the only lesson of history that mankind is unteachable?"
--Winston S. Churchill

 

[cvg]

fel3 hit the nail on the head. been there, done that.

dragged into the claims process

translation ==> you sitting at a large table, surrounded by lots of attorneys.

unless this is a strategic move on your part to gain a new client, I would not recommend it as the risk vs reward is high

 

[EngineeringEric]

Not to dismiss the great comments above, but the contractor may not like the solution and wants a differnt one. The other engineer may not want to provide an alternative... so hence new engineer search begins.

It may be worth confirming with the contractor why they are leaving the other engineer and maybe worth a call to other engineer if you like the answer from your potential client.

 

[EnergyProfessional]

I would find out what happened and who screwed up. I see at least 2 scenarios:
- Design was flawed and contractor installed per design - engineer is liable for cost: I can see that the contractor wants someone more competent to fix and doesn't want engineer to have the option to cover up his mistake with the cheapest design
- Design was OK, but contractor did it "differently" and is supposed to pay for fix: I can see that the contractor is shopping around for the cheapest fix possible.

I also would talk to the actual owner to get information. Obviously the owner will have to live with whatever will happens. and also talk to the engineer to get his side (always consider the source).