Report a Client for Fraud? 23

[casseopeia]

I have a Client (Developer) who used whiteout and pencil to significantly alter a printout of a detail design that I had issued. It was then scanned and issued to the Contractor in electronic format with my firm's letterhead and my initials still intact, as if it had come from us. I was not notified of the change until I happened to stop by the project site to get some unrelated information and saw what they were constructing. I asked the Superintendent why he was not following what I drew and he said it was what I issued. That's how I discovered the change. The Superintendent was disturbed by the unauthorized revisions and said that he had a similar experience with the HVAC consultant just the day before. The Client had taken whole sections of the mechanical specifications, changed the equipment, typed up the changes, and literally cut and pasted the paper right into the Project Manual without the knowledge of the Designer.

I find this behavior shocking. The Client is certainly free to ignore his Consultant's recommendations, but to change the Consultant's work product and issue under the stamp of another licensed professional seems like it would rise to the level of fraud, punishable by the loss of a business license. If this were my own company, I would have dumped this Client a long time ago when he started in making sweeping changes in my investigation report, but my boss decided to continue the work. Just looking for opinions.

"Gorgeous hair is the best revenge." Ivana Trump

 

[Ron]

Agree with hokie66.

Cass....we don't know if you are licensed as an architect or an engineer....if either, your state laws will protect you to some degree.

As for the fraud and misrepresentation, your client has definitely crossed the line. This happened 30 years ago in a firm for which I worked. A product manufacturer "doctored" a test result for one product to include one that was not tested. My boss's signature and seal were fraudulently applied.

Our corporate attorneys let is slide as did the engineer involved. I was incensed, but not my issue, since it wasn't my signature.

For you, it's time to raise hell. It appears that your "superiors" do not support reasonable business practices nor ethics.

 

[drawoh]

I have a Client (Developer) who used whiteout and pencil to significantly alter a printout of a detail design that I had issued.

...

This is why I like blueprint machines. All copies come from the official source which is under your control. The prints are very hard to modify.

JHG

 

[casseopeia]

I am a licensed Architect, although whether my license is at risk or not is something else. I know enough about the legal process that I am not too worried about it. I would, at the very least, make a useful precipient witness with access to my own personal files, contemporaneous notes, photos, and copies of documents I have kept in my own 'personnel' file. My own materials could replace any official files, drawings and photos that happen to go missing. This is not my first rodeo.

In any case, I reviewed the Architect's standard of practice yesterday evening and it states that I am obligated to report fraud. But is it still fraud when your boss caves on the design change? I don't think so in my case. It's not as clear-cut as Ron's example where a test was doctored. Even though his bosses went along with it, information was falsified.

The best I can do at this point is rally the manufacturer's tech rep to my cause. They will ultimately have to issue the material warranty. I also alerted the installer who must issue the labor warranty.

jmw, the Client is not the victim. He is the perpetrator. He is the one who doctored the drawings. The ultimate vicitms will be the unfortunate condo owners looking to repair the leaks in their building.

"Gorgeous hair is the best revenge." Ivana Trump

 

[dik]

I would be reluctant to 'pull the pin' on a client; this can have far reaching consequences. It's best that the harms to you are corrected in the most transparent fashion, IMHO.

That's why I responded above with, "I would have a frank discussion with the client and explain that his actions were not only wrong, but could result in a dangerous condition (I would refrain from stating that the actions were illegal and criminally dangerous since being an accessory may not be much fun, either);" I would, however, have the discussion with him.

What he has done is clearly wrong, legally or otherwise.

Dik

 

[beej67]

Are you 100% sure it was the client who made the changes, and not the scatterbrained PM? There may be yet more to this.




Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[lacajun]

This could be the very thing that led many condo and home owners to file complaints against DR Horton in the Denver metroplex. I'm sure you can Google the Channel 4 news clip.

My development endures a number of issues and it's not a cheap place to live. The more time goes on the more garbage comes out. I dug into my own issues and was dismayed to learn of some head turning that directly led to some of my home's issues. It's one reason we need to hold others accountable. Somewhere down the line, because of all of the head turning, it ends with the final consumer and they may not be able to afford to pay for the house and pay for the mistakes made during the entire process of getting a home or condo to market. Why should they pay to correct a job done improperly?

Life is not about making easy decisions for us personally. It's about doing the right thing before your Creator regardless of your age and circumstances. Easy decisions have landed us in the current morass. I'll get off my soapbox now.

People make mistakes, which I understand and accept. At least, I'll accept the innocent ones. The deliberate mistakes to immorally take advantage of another person for your own gain, I cannot accept.

But, that is me and my world is far from perfect.

 

[MacGyverS2000]

But is it still fraud when your boss caves on the design change? I don't think so in my case. It's not as clear-cut as Ron's example where a test was doctored. Even though his bosses went along with it, information was falsified.

Maybe I'm reading this wrong, but it seems like you're playing both sides of the fence. It's irrelevant if your boss went along with the changes in the end... the client falsified documents, specifically, documents with your name on them.

A theory was envisioned (your design), a test was run (your calculations), and a result was produced (your final paperwork). Someone came along later and changed the results (falsified paperwork). Sounds a lot like Ron's example.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[SLTA]

Cass, seriously, what does it take for you to realize that you shouldn't work there anymore?

Call the licensing board and ask for anonymous advice.

 

[casseopeia]

I'm assuming that Ron's example included third-party or independent testing. In my case, my boss goes along with the Client's change despite my objections, makes drawing revisions after-th-fact, then issues the changed design, it is not fraud, just bad business. This makes the Client's actions irrelavent. I'm not playing both sides, just looking at the reality of the situation. My boss has not gone so far as to revise the drawings, but it can be done and there is little I can do.

Yes, I am 100% certain it was the client who made the changes. His minion at the job site admitted it to my boss. My boss said he was contrite, like a kid getting caught with his hand in the cookie jar. My response was that it was neither the appendage nor the receptical I had in mind, but it's a similar concept.

The Client knows I am unhappy with the doctored drawing. But because I did not get backing from my boss, I have enlisted the help of a manufacturer's rep and the installer to weigh in on the proposed changes. They hold the carrots, the official sign-off.

"Gorgeous hair is the best revenge." Ivana Trump

 

[MikeHalloran]

All that you _know_ is that the documents that arrived at the contractor were different from the documents that you issued.

You don't know who perpetrated the fraud, but you know that a fraud has been perpetrated.

Should that not be reported to the AHJ?



Mike Halloran
Pembroke Pines, FL, USA

 

[jmw]

Cass, that's who I meant by "end client" i.e. not your client but his. Sorry if I didn't make that clear.
But it sounds as if they are paying for something they are not going to get.... and was the job sold to them based on your original drawings or the changed drawings?
How can your bosses be complicit? They are being rooked out of fees for revisions, if approved and if not approved their reputation as well as yours is on the line.
If it isn't such a big deal, why do they not want anything documented?
If it isn't such a big deal why didn't the client ask for a revision? Why did he falsify the drawings?
In any event, should you at least not ask the client to take your name of the altered drawing? They aren't yours any more, they are his.

JMW

http://www.ViscoAnalyser.com

 

[JedClampett]

What I know is that condominium construction is by far the most litigious type of design and construction that the industry is exposed to. You have multiple condo owners and associations, where anyone might hire a lawyer and file a lawsuit over plumbing, HVAC, roof leaks, etc., etc. And there's always someone with a chapped butt over something. Cass's paper trail will make fascinating reading to some legal eagle. Heck, this thread might be subpoenaed.

 

[ewh]

If the documents being used aren't the ones that you signed off on, then you need to let the boss know that your sign-off is not valid and someone else will have to approve them, unless they can show you how and where your design/calculations can legitimately be corrected. Otherwise, you would be wise to wash your hands of the situation. You do not deserve to be the fall guy, especially when all you get out of it is keeping your job.
Believe me, I understand how difficult it is in todays economy to risk loss of employment, but I can't see any other way around it. If you are terminated for insubordination, I would think that with proper documentation you can make them regret it. If they let you go for less than a firing offense, at least UI is still out there. Have you been there long enough for it to reset yet (if you maxed it out previously)?

"Good to know you got shoes to wear when you find the floor." - [small]Robert Hunter[/small]

 

[Ron]

Cass...you are correct in your assumption. It was third-party testing and the client got tired of paying for more testing, so he created his own test reports from cutting and taping pieces and parts together (literally...not like it is now with digital stuff), then getting it all photocopied so that the changes would be more difficult to discern.

You are now responsible for that detail. You can't rely on the manufacturer, other than to get some support for your objection to it. Even if your boss caved, as a licensed professional, you have "joint and several" liability, so unless the firm has indemnified you for professional negligence...you're on the hook.

Is it a detail that has public safety or health issues? If so, you have no choice.

 

[cvg]

ask the contractor for his set of plans. take out your "NOT APPROVED FOR CONSTRUCTION" stamp and imprint it over your name. Thank him for his time. Then hand in your letter of resignation and be done with this mess.

 

[jmw]

Except he'll just print off some new copies.
And you don't want to resign, if you have to go, you want wrongful dismissal and the money you get from that.

JMW

http://www.ViscoAnalyser.com

 

[SNORGY]

casseopeia:

I know the culture and the job market is different south of the border - much tougher than here - but based on what I have read, you probably have no choice but to report this. You, yourself, have been violated, and other stakeholders have been violated. If you could legitimately claim ignorance, you might play that card, but otherwise, the ethics likely force you to call them on this one. Even playing the "ignorance" card might backfire; depending on who is in charge of your professional association and what their mood is on a given day, you might be (wrongfully) accused of being stupid as well as unethical.

I recently had my professional credentials used without my knowledge towards a Regulatory Authority's approval of a license for a facility that I had nothing to do with - never even heard about it. When I caught wind of it, not only did I seek the immediate reprimand and dismissal from employment of those responsible, I also threatened legal action against the two government agencies (the Regulatory Authority and the Professional Association) when they suggested that it was my problem to sort out, not theirs, and that they recommended that I engage legal counsel.

Of course...I was pretty mad...as, in this case, you should be.

Regards,

SNORGY.

 

[MikeHalloran]

Snorgy's right.

The situation is hardly different from someone getting hold of your checkbook, and using it to their benefit.



Mike Halloran
Pembroke Pines, FL, USA

 

[casseopeia]

Two significant developments today, one good and one bad.

I checked with the EDD (California's Unemployment Department) and I qualify for 26 weeks of unemployment at the maximum benefit---good

I had what must be a record-breaking 3-hour performance review, but was not laid off or terminated at the end---bad

I guess I don't get the day off tomorrow.

"Gorgeous hair is the best revenge." Ivana Trump

 

[patprimmer]

Cass

It sounds like you are on real thin ice there anyway, so loss of job security is not much of a loss as there is not much to loose.

You are mixed up with a bunch of crooks, either you assimilate and become one of them or you get the hell out of there while you still have your honour intact.

Regards
Pat
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