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RE: Release of Calcs.

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Jim-
It sounds like you are trying to entice all those lawyers out there by
telling them you didn't do a complete job, you may not have documented very
well what you actually did and you may have made changes that you didn't
document.  :<)

An easier solution might just be to copyright the calculations, "All rights
reserved" and identify them as instruments of service to be used only in
conjunction with the current project to theoretically (they probably will
use them anyway) prevent the client from further use of the calculations.
As for legal protection (short of liability insurance), the best you
probably can do is to perform your work as well as you can and don't
volunteer to provide anything but the CDs without a specific request.

Regards,
Bill Cain, S.E.
Oakland  CA

	-----Original Message-----
	From:	Jim Kestner [SMTP:jkestner(--nospam--at)somervilleinc.com]
	Sent:	Thursday, July 27, 2000 3:24 PM
	To:	seaint(--nospam--at)seaint.org
	Subject:	Re: Release of Calcs.

	Nels has brought up an excellent point that I think requires some
consideration. Let's face it, none of us do "complete calculations", since
experience has taught us in some instances what works and what doesn't.
Additionally, the information, that is available after the construction is
complete, may not have been available while we were designing. 

	With that in mind, I have put together a short disclaimer, using
many of the excellent points that Nels made, for inclusion in calculations
that are required to be given to Owners or others. 

	Here it is....... 

	These calculations are a partial record of the design and decision
making process. These calculations are a brief shorthand methodology by the
designer and it is likely that it is not totally complete in scope or
detail. 

	These calculations and methods may not be necessarily precise, or
even accurate in all circumstances-- depending on how gross or refined, the
Engineer felt, the analysis needed to be for the particular situation. These
calculations have not been edited for clarity and therefore may be easily
misunderstood and misused by others. 

	Some of the information in these calculations may no longer be
valid, since it is not uncommon to substitute materials, modify
construction, change or add loads and modify the intended use of all or
portions of buildings. 

	Much additional information, furnished by others, in both verbal and
written form, is not included in these calculations. This information has
been used the selection and evaluation of various components of this
construction. Some of this information may include soils information,
equipment sizes and loads, architectural requirements, building code
requirements, owner's needs, constructibility, engineered products, etc.
Additional information may have come to light only during construction.
Without this additional information plus all of the as built information,
the use of these calculations, by other than the original Engineer of
Record, is not recommended for evaluating various building components or the
structure. 
	  

	What do you think? Is this going overboard or would anyone even
notice? 
	  

	Jim Kestner, P.E. 
	Green Bay, Wi. 
	 

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