To inspect or not to inspect...that is the question

[kylesito]

What is the obligation to perform structural inspection and/or observations?

The area we work in does not make use of special inspections on most jobs (in their infinite wisdom, the politicians placed all responsibility for administering the building code with the Fire Marshall who neither understands nor appreciates any code except the fire code). Our scope with the owner does not include anything for construction administration beyond approving submittals. The owner has also not hired a 3rd party inspector for the project.

We know, and I think the owner is starting to discover, the contractor has a maverick attitude and considers "our drawings" to be an inconvenience to how he wants to build the building. This is all now starting to come to light with several changes that have gotten built without our knowledge or approval. The owner feels as though it's our responsibility to ensure his building is safe and is upset that we haven't made the necessary observations to note these things.

So, it has lead us to a rather interesting discussion. As professionals, we feel an obligation to ensure the project is being built correctly and of course we want to ensure the building is safe. But we are a business and not a charity. We need to be paid for our services.

I understand there are times where you "throw the client a bone" and it comes back to you. But the way this project has gone is not one of those times and this has the potential of consuming a significant amount of labor and capital to accomplish. In other words, this won't be a 1 time visit and will likely require someone on site once a week for the next 9 months.

So, what is the obligation on us then...

Is the obligation on us to make sure the contractor builds what we have designed? Should we perform work we aren't being paid to do and the owner never included in their scope?


PE, SE
Eastern United States

"If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death!"
~Code of Hammurabi

 

[msquared48]

If inspection by you or your firm is not desired by the client, then state that in your contract, and defer all responsibility for compliance with the approved documents to the client or his inspecting agent.

Mike McCann
MMC Engineering

 

[MikeHalloran]

I thought it was kind of traditional for an owner to hire a "Clerk Of Works", often a retiree, armed with a set of approved prints, a copy of the contracts, and a bad attitude, authorized by the owner to show up at any time day or night, figure out what's really going on, and fire off a note to the owner highlighting any creativity on the part of the builder.

My Dad loved doing it.



Mike Halloran
Pembroke Pines, FL, USA

 

[dhengr]

Kylesito:
Standard contracts btwn. the EOR and the owner often have various levels if construction observation and special inspection, sometimes specified by the IBC. If and when these are removed from the contract at the owners request, to save a few bucks, a small percentage of the total construction cost, you should be sure to have the owner sign off on them. There should be some discussion about their value and merit during the contract discussion process, and some record made of the owners desires, for just the situation you find yourself in now. I’ve always thought that there was no one better to do the observation than the engineer who designed it, I felt it helped keep us out of the middle of trouble which might come up if someone else shot a bull. But, most certainly I didn’t want to do that for no fee, given the low fees we already get. I would remind the owner that he didn’t want your involvement during construction. But, mention that you would be willing to become reinvolved in that capacity for such-n-such fee.