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Re: Release of Calcs.

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"Devlin, Dan" wrote:

> Last month I discovered that a contractor had crossed out the project title
> on my calculations for a temporary bridge, added a new project title and
> moved the bridge to a new site.  The work was done based on sketches in the
> calculations.  The sites/conditions were very different.  When I invoiced
> the contractor for my work with an allowance for work performed for the
> previous site he responded, "that's unethical".
>
> > Dan Devlin
> > San Jose, CA
> >

Actually, I think it is unethical to bill him, but for a different reason.  If
he pays you, then you have become an accomplice in a bad design practice.  (Or
has he NOT paid you for your original work and that's the only thing you're
trying to collect on?)  In either case, this situation is close to "plans
stamping", where a PE charges $XX for he PE stamp and does not do the work,
either first hand or through detailed review, to ensure the drawings are good.
You have received payment for work you did not do (the work for the new site)
and has your implicit agreement through payment.  The proper course would be
report the individual to your registration board and any regulation agency for
doing engineering without a license or falsely representing having engineering
done.  If your name was anywhere on the plans, you could sue him for false
representation of your work and a bunch of other things I'd leave to your
audience.  Plus he still owes you for the original "kosher" work.

Bart Kemper, P.E.


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