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RE: LGS - Is the Supplier Liable???

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>You do have a point, however in this case there was never an engineer on the
>project. The county allowed these homes to be designed by non-professionals.
Point taken. Then whoever specified these structurals is practicing 
professional engineering without being duly licensed. I think this makes 
the County negligent, not the supplier. (Without meaning to sound like a 
guardhouse lawyer ;-> )

>The closest thing to a design professional was the supplier of the materials
>who SHOULD know that a non-standard section which is outside the range of
>H/t ratios as indicated in their company catalog is being ordered. They
>never questioned the order - they simply filled it.
I've seen similar cases where suppliers were made defendants, but I think 
it was because the equipment was considered non-merchantable because of 
some design defect. If the sections were unconditionally unusable for any 
purpose, the supplier is at fault. If the H/t could be used for some 
service (short spans or low loads--something like that where buckling 
wasn't an issue) it's hard to imagine that the sections could be 
considered defective. 

>I don't believe that it is an issue of questioning the judgment of the
>engineer.
Straight on. There was no engineer. I think that puts most of the burden 
on the County who assumed that role.

>Those that manufacture a material must have some responsility to ensure it
>safe usage - this is only ethical. It may not be legal or required, but I'll
>bet in court a lawyer can make a great argument for it.
Too true--I've seen fat settlements over softer notions of defective and 
dangerous. I think the argument (which could go on forever...) would be 
based on what constitutes reasonable. 



Christopher Wright P.E.    |"They couldn't hit an elephant from
chrisw(--nospam--at)skypoint.com        | this distance"   (last words of Gen.
___________________________| John Sedgwick, Spotsylvania 1864)
http://www.skypoint.com/~chrisw