Successor Professional Engineer

[v2]

thread507-292069

Following on the above thread, would a Professional Engineer still be liable or responsible for the PORTION of the project that was already built but the entire project not finished under the previous engineer? The permit is still open and construction is halted in the middle of the project, due to a dispute between owner and EOR. The previous engineer withdrew his plans and terminated his services before the permit is closed or a certificate of occupancy is issued. Now is the Successor Professional Engineer responsible for and must adopt as his own the entire project including the PORTION that was already built?
Or;
The Successor Professional Engineer must only be responsible and liable for the portion that has not been built and prepare As-Built drawings showing on it the portion to be built and deal with the portion that has been already built as existing structure.

This is an interesting situation with a definitely mixed bag. It is not clear how 61G15, 471, and maybe other legal statutes may looks at a case like this.


Thoughts are appreciated.



V2

V2

 

[MiketheEngineer]

Call your lawyer. But my guess is that they will ask/demand you take over the whole project..

 

[msquared48]

I did this 15 years ago on a condo project and had to assume the liability for the entire design. I became the EOR for both the PT and wood design, the entire structural portion of the project.

But, maybe Florida is different. After all, Ron is different, right?

Mike McCann
MMC Engineering

http://mmcengineering.tripod.com

 

[OHIOMatt]

I have taken over as EOR on projects in the past. Typically a letter stating that we have taken responsibility for the design is required. My understanding, at least in my jurisdiction, is that you assume all responsibility / liability.

Each jurisdiction is different, so the standard "contact a lawyer" is a must in this case. I would also suggest you contact your insurance carrier and let both them and your attorney review the contract. If you see something from the original engineer that you do not agree with, you will want to make changes. The owner then will want to sue to recover cost. Nothing is good about the situation.

 

[BAretired]

I don't think it is reasonable for the successor engineer to assume responsibility for work already completed unless it is possible for him to inspect it. If asked to assume such a responsibility, I would decline.

BA

 

[OHIOMatt]

BA,in our cases it was for the design of the work installed, not the work itself. We verified the design, made changes / additions as required and assumed responsibility.

 

[msquared48]

And in my case, I knew the capabilities of the former designers, both of the PT section, and the wood framing very well and of their professional reputations. I had worked for one and with the other in the past. The problem was with the payment from the owner of the project, not the design.

I must agree w2ith you in general though BA.

Mike McCann
MMC Engineering

http://mmcengineering.tripod.com

 

[Ron]

I agree with the others....most likely you will need to assume responsibility for the whole project. If in your review you find that the completed design or construction is deficient, you then have a responsibility to point that out and offer remedial design to correct the deficiencies. You do not have to accept poor design or construction. Charge appropriately for the review and evaluation when taking over a project.

Yes, Michael...both Florida and I are different. We're both hot!!

 

[v2]

This project is in Florida. Inspections were done during construction by a Private Provider. Therefore, doesn’t defeat the purpose of assuming liability for an existing construction that has already passed inspection?
It seems that there will be no gain to any of the involved parties in asking the Successor Engineer to assume liability on an existing construction that passed inspection.
Also, what would happen to the Original Engineer's professional liability? Is he simply off the hook by either walking away or getting fired from the job?
If so, then the Original Engineer is getting it easy either way. Something is not right here…


V2

 

[dik]

I suspect it may depend on jurisdiction... but, you may be accepting liability, even if you state you aren't...

Dik

 

[Ron]

v2...passing inspection means essentially nothing. Private providers usually only have to meet an insurance requirement and the company has to have an engineer on staff. Inspections are rarely done by an engineer and the qualifications of the "inspector" are sometimes as dubious as those of a municipal inspector.

Get an indemnification from as many parties as you can. Get a letter from the private provider that clearly locks them into acceptance of the work they have inspected. Get an indemnification from the original engineer for any design that you cannot review and change as you see fit.

Good luck.