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RE: Proposed Standard of Care "again"[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: "'seaint(--nospam--at)seaint.org'" <seaint(--nospam--at)seaint.org>
- Subject: RE: Proposed Standard of Care "again"
- From: "Sherman, William" <ShermanWC(--nospam--at)cdm.com>
- Date: Tue, 3 Oct 2000 10:29:53 -0400
In order to clarify the intent of my "Proposed Standard of Care", I would like to offer the following: My intent is to provide wording which is to be incorporated into standard forms of contract for engineering services. It is not currently intended to be part of a building code or a formal code of ethics. As with any contract, these provisions could be modified by the parties entering into the contract as they see fit. It is only intended to provide a means for an Owner to know what level of quality assurance they are contracting for. The portions shown in italics were not intended to be part of the formal contract but rather to be a guideline on where each level of quality assurance might be used. I'm not sure exactly how such "guidelines" can be included with standard forms of contract and could use some advice of how this could be done. But no one would be "legally bound" to follow these guidelines in my proposal. I would like to thank those who have offered some initial response to my proposal. (I recognize that it takes some time to develop a complete response, although I was surprised that my initial post did not at least generate a little discussion.) I recognize that we cannot "legislate ethics" - but we can provide defined quality assurance procedures. Similarly, we cannot legislate that contractors provide the best quality in construction but we can require inspection of their work, which UBC has in fact "legislated" via the building code's special inspections requirements. I don't see why we can't do the same in engineering. The proposed checking procedures do not define ethics but they do provide specific procedures to follow as a means to an end of achieving better quality. As I stated, I am not "currently" proposing wording to be included in a building code; however, I must state that I would not be opposed to doing just that. Nevertheless, I felt that starting with "optional" contract language would be easier than proposing actual code requirements. Regarding a couple of specific comments by Christopher Wright: > Not to rain on the parade, but you're not going to be able to redefine standard of care > in an e-mail because it already exists. You have a good point that I cannot redefine "standard of care" since it is a legal term which is already defined. However, this does not prevent a contract from including defined quality assurance procedures. I will simply need to modify the wording from "The standard of care for this project shall also include the specific quality assurance procedures ..." to read "This project shall include the specific quality assurance procedures ...". > As far as the quality levels go you're only addressing existing standards for engineering > practice covered in state engineering law. Please clarify this statement. I do not know of any existing written standards or state engineering laws which explicitly cover the types of quality assurance procedures I have proposed. On a number of occasions I have received contractor submittals of designs performed by Professional Engineers which were unchecked and which included significant errors. What standard or law can I point to regarding their unchecked and erroneous designs? I have also reviewed previous designs by Professional Engineers for existing structures which also were unchecked and contained errors. It does not appear to me that there is a consistent standard of care regarding "checking". If a client purchases engineering services, how does the client know what level of quality assurance they will receive from the engineer? Why shouldn't each engineer contracting for such services be held to the same standard of service?
- RE: Proposed Standard of Care "again"
- From: Samir Ghosn
- RE: Proposed Standard of Care "again"
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