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

 

[loki3000]

can't they just find and delete (or throw into trash) her copies (either electronic or hardcopy)?

 

[casseopeia]

Nope, unless they break into my house and steal my laptop and then locate my remote electronic storage and delete those files. I don't think I know how to do that, come to think of it. And then there's the little thumb drive I carry around in my purse.

I figure I'll find out what's going to happen with this job very soon now. Rain is on the way.

"Gorgeous hair is the best revenge." Ivana Trump

 

[jmw]

I hope you have the sealed envelope with my lawyer "to be opened in the event of..." bit covered and made sure they know it.
Apart from anything else, copies in the hands of others is an added means to demonstrate "not tampered with recently".

JMW

http://www.ViscoAnalyser.com

 

[lacajun]

Since you've hung in there this long, I'd stay until it's over to save more money for the bumpy road ahead. I also agree with MikeHalloran and JMW.

Managers protect their own self-interests not the company's interest and certainly not yours.

They are posturing for the litigation, by holding an ethics meeting, which may grow to include your project. The timing is incorrect for the litigation and your project but that is inconsequential to them. It's all about perceptions and their ability to create the right perceptions. Many buy into "perception is reality." There are immutable facts. Water ingress is a fact not a perception. If they can create the perception of being a truthful, just, fair, and honest company, they may be able to mitigate or erase any problems. Time will tell.

In the US, employers can treat professionals pretty much as they please. Our system favors employers.

Pamela K. Quillin, P.E.
Quillin Engineering, LLC

 

[jmw]

No updates for us Cass?


JMW

http://www.ViscoAnalyser.com

 

[moon161]

I'd think it's in the hands of lawyers by now, and all parties have been told to be quiet.

 

[rowingengineer]

I doubt that. I would suggest he sweeping under hte carpet has been completed.

http://www.nceng.com.au/

"A safe structure will be the one whose weakest link is never overloaded by the greatest force to which the structure is subjected” Petroski 1992

 

[patprimmer]

Row.

Have you been using my keyboard or have you indulged in excess amber fluid, however I think you are right.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

http://eng-tips.com/market.cfm

for site rules

 

[rowingengineer]

I do like amber fluid.

http://www.nceng.com.au/

"A safe structure will be the one whose weakest link is never overloaded by the greatest force to which the structure is subjected” Petroski 1992

 

[casseopeia]

I don't know much other than the building sold in September, the company I work for still has not been paid their final invoice, and the new owners so far have not hired us to complete the repairs.

My guess is our Client, the seller, is sipping umbrella drinks somewhere in the tropics.

"Gorgeous hair is the best revenge." Ivana Trump

 

[jmw]

Sounds like your company may not get paid anyway.... and that means... economies Downsizing, Rationalising etc.
I hope they don't start by laying you off Cass.
Make damn sure you have everything backed up somewhere other than work.

JMW

http://www.ViscoAnalyser.com