Some Legal Advice 3

[Kishan Yadav]

So I will give you guys a quick run down,
We are a structural firm and provide CAD drawings for the foundation , floors and roof.

5 Years back we had done a project for a client .
Today we get an email from a lawyer demanding calculations from that project . There is no written or verbal agreement with the client when the project was submitted 5 years back.
What is the legal advice here ? Are we bound to provide them the calculation ?

 

[phamENG]

Notice that I said "generally." Laws usually aren't written like you seem to want - with a well defined list of everything you must AND need not do. Our law system may seem exhausting at times, but it's far from exhaustive.

Call your lawyer. Asking us for legal advice is like asking a lawyer for medical advice. They may be able to tell you all about how their kidney stones were removed, but they won't be able to diagnose or treat yours.

 

[LittleInch]

Kishan,

I think what you're discovering is that there is no "Code" or "section" unless as phamENG says the local AHJ requires them to be submitted long with the plans unless it was included in your contract.

You haven't actually said what sort of conversations happened (I can only assume this is all verbal between you and client) and what you promised to provide to him. Was any of it sealed or signed off by a PE?

Or just write back to the lawyer and say, regardless of what may or may not have been anticipated from the client, the electronic records have been deleted and no back up copy or paper copy exists any more.

I think we are all kind of wondering why, after 5 years, the client is now looking for calculations though and has felt the need to spend money getting a lawyer to write to you....

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[le99]

... pre-case planning so we could develop a strategy IF I got a subpoena.

Your obligation to your client has ended on the day you delivered the service/goods he purchased if everything goes without a problem. You can sit and do nothing if you are such confident and do not bother to stand on a trail whether you are the party at fault or not. Otherwise, read the quoted sentences again and follow the suit.

 

[Guest090822]

Check your state (assuming this is in the U.S.) regulations on retainage of engineering records. My state only requires that calculations, reports, etc. have to be retained for a minimum of 6 years. Of course, I don't throw anything out, but nonetheless the engineering laws usually have something to say on the subject.

 

[MJCronin]

Six years ??? ... Interesting ...

This does bring up the issue of engineering records and how long they should be retained by any firm .... My vote is three years

IMHO, any engineering firm should always address the "calculation issue" in the contract documents ... There should be a seperate fee charged to the client for copies of calulations... the originals should NEVER be forwarded to the client.

The client should be told that it is standard practice to discard ALL records after three years .... If the engineering firm actually does this, is , of course, another matter.

By way of comparison .... Every state has a Statute of Limitations for Civil Matters ...

Typically 3 to 6 years ... In the good old USA, 6.12 years is the average

"A statute of limitations is a law that outlines how long a person has to file a lawsuit. The law sets the maximum amount of time that a party may initiate legal proceedings from the date of an alleged offense, civil or criminal. In civil law systems, this is known as a prescriptive period."

https://worldpopulationreview.com/state-rankings/statute-of-limitations-by-state

Anybody else ???



MJCronin
Sr. Process Engineer

 

[LittleInch]

"..in the contract documents.." IS the missing thing here.

We still don't know what kishan actually agreed with the client by means of verbal communication or telepathy or...

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[le99]

The client should be told that it is standard practice to discard ALL records after three years ....

Does that matter if the engineer and his client are facing "Personal Injury or Death" lawsuit? How long is the statute of limitations for an engineer to rid of his liability, and no longer be required to provide documents to demonstrate he did no wrong?

 

[dik]

...and a caution for liability insurance. In some jurisdictions if you have a potential claim and you notify your insurer, this can be added to your 'record' and, even though it goes nowhere, can cause your premiums to increase.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Do you feel any better?

-Dik

 

[phamENG]

dik - true...I'm glad I don't have an insurance company like that. My carrier wants people to tell them when problems are coming because they know a little pre-planning and leg work up front can diffuse a situation and lower the overall liability. So they encourage people to come forward sooner rather than later by providing services in that area that 1) don't count toward claim deductibles and 2) don't count against you for rate increases.