who's responsible for a design?

My question is:

Supposing an EIT designs a structures and the structures fails. The structural drawings were stamped by a PE, who did not bother checking the design. Who's going be held responsible for this structural failure in court? the EIT or the PE? or both?

 

[Ron]

The PE is responsible. Under all jurisdictions that I am aware of, an EI does not have the legal authority to be the "Engineer in Responsible Charge". The EI is exactly what it implies...an intern who is training under the mentorship of a registered professional engineer. He has no legal authority to act on his own and if he does he violates engineering laws.

Check the engineering law in the state in which the project was done. If you have never read your state's engineering law, it would be a good time to do so!

 

[LPPE]

I agree with Ron. If the PE sealed it, then whatever is in the CD's is his/her responsibility. I would also think it negligent on the PE's part to not check the EIT's work.

 

but if i'm an EIT and I design a structure that fails, I guess my career would end as well, since no other company would ever hire me again

 

[BridgeQ]

Your career wouldn't end. It hasn't started yet. It is unlikely that anyone (other than the Prof. Eng. who negligently didn't check your work) would know who designed the failure as your seal (and name) aren't on it. If a future employer does know, their reaction would depend upon what kind of error you made - and what you personally had learnt from it. One of the most obvious lessons should be just how serious a professional designation is. If you seal it, you wear it.

 

[LPPE]

Your best bet would be if you're not 100% sure of something, ask somebody else to help you. I'm sure people would be more than eager to help you. That's what I do if I'm not 100% sure, and I try to help anyone else the best I can. The old adage of "Two heads are better than one" usually holds true.

 

Look into the Kansas City Hotel Failure. There have been cases in the past where the EIT has been held accountable along with the PE/SE and had lost his future privaleges to practice engineering. Remember that the EIT is an engineer in training and allows the EIT to gain design experience under a licensed engineer. An EIT is more than someone without an EIT. Look up cases in ENR and other resources. If there was due negligence on behalf of the EIT, he/she too can be held accountable. In most cases, they may not, but it can happen.

 

I agree 100% with you pylko, but sometime the PE/SE doesn't know either. I think the codes have become too complicated that it's virtually impossible to know everything. The problem is that the code writers are specialists in certain areas and expect that the practicing engineers understand certain clauses. Furthermore, there's always the case where something in the code is poorly worded, or there are not enough examples in a handbook.

 

[LPPE]

Yes, I agree, a common problem with building codes is wording. You may take something to mean one thing, while someone else can get a different interpretation of the same sentence.

Just about anything can be figured out with a little common sense and ingenuity. My Statics professor used to say "DRAW YOUR FREE BODY DIAGRAMS!" and even had a stamp made up for grading tests... If I'm stuck a FBD usually helps clear up whats where and what needs to be resolved.

If your still stuck, log on here and ask.

As for the Hyatt Regency, the EIT was also held responsible? It seems like anyone with deep pockets was held responsible for that one.

 

[ishvaaag]

Construction has always been controversial pertaining to responsabilities. In Spain where I practice it is nearly unseen (let's see the future) anyone not signing the jobs being sued; the owneres or damaged parties only know of the signing parties, that are then liable. Other thing is some work done without the concurrence technician entitled to act. But in the ordinary former case, most times I think the judge wouldn't allow any reclamation respect any worker legally able or not that does not sign, except perhaps when legally able and there has been "inner collaboration" expressed in contractual partition of the fee paid for the work. Any other worker for the signing party rarely will have to face any responsability, since it is the responsability of those able and signing sharing the fee to produce a perfect documentation and work.

 

[westengineer]

the bottom line is, if you are an EIT and you design and nobody checked, the PE is responsible for the design in court...but I bet you're gonna lose your job anyway.