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Re: Ethical Responsibility?

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Roger,

Completely agreeing with your post, I think that it would be the most
ethical and the most effective way for the engineer to resolve such
situation.

Steve Gordin, SE
Irvine CA


----- Original Message -----
From: Roger Turk <73527.1356(--nospam--at)compuserve.com>
To: <seaint(--nospam--at)seaint.org>
Sent: Wednesday, July 04, 2001 09:22
Subject: RE: Ethical Responsibility?


> Dennis,
>
> This is a public safety matter!  What you have been told is like an
attorney
> telling a doctor not to report an outbreak of the bubonic plague, or an
> attorney telling a water supply company not to report the contamination of
> of  the drinking water source.
>
> In a situation like this, I would tell the attorney to get a court order
> prohibiting me from reporting this situation to the proper authorities.
> Getting the court order would put it in the public record, exactly the
> opposite of what the attorney wants.
>
> If California law is similar to Arizona law, you are required to report
> unsafe conditions to the appropriate authorities, and if you don't, you
are
> subject to loss of your license.
>
> A. Roger Turk, P.E.(Structural)
> Tucson, Arizona
>
> Dennis Wish wrote:
>
> . > On a similar situation, I was called out by an owner and his insurance
> . > company to inspect structural damage in in Condo complex due to
> . > extensive termite damage. I wrote up my initial investigation and
> . > referenced the Pest Inspection services to conclude that further
> . > investigation was necessary as the extent of potentially serious
> . > structual damage was visible throughout the unit I inspected and had
> . > been reported by others to be evident in other units throughout the
> . > complex.
>
> . > The HOA attorney stopped all work and squelched the report (which was
> . > sent to the owner, his insurance company and the contractor he hired
to
> . > do the repairs). So far nothing has been done and there is a serious
> . > condition but we have been prevented from intervening by the HOA and
> . > their attorney. I suppose I could submit my preliminary report to the
> . > building official but I have been warned against doing so.
>
> . > So what is the next move - I feel my hands are tied as all of the
> . > appropriate people including the Home Owners Association (HOA) has
been
> . > notified.
>
> . > Dennis
>
> > -----Original Message-----
> > From: Nels Roselund, SE [mailto:njineer(--nospam--at)att.net]
> > Sent: Tuesday, July 03, 2001 4:57 PM
> > To: seaint(--nospam--at)seaint.org
> > Subject: Re: Ethical Responsibility?
> >
> >
> > What is the liability exposure posed by a single written
> > notification as Bill offered in his proposal?  It seems
> > adequate to me.
> >
> > Bill's case is similar to the case of broken roof trusses
> > that I observed and discussed with the owner; I showed him
> > the broken trusses and previous ineffective repairs,
> > explained the him how a failure could take place, and why it
> > is a hazardous condition.  The roof supported by the trusses
> > is over a meeting room.  I told him that the room should not
> > be used again until the roof trusses are repaired.  I then
> > wrote a proposal for my services to design the repairs, and
> > put my explanations and recommendations in writing.
> >
> > I have not visited the building since.  I have no way of
> > knowing whether or not the room is being used -- that, of
> > course, is out of my control and knowledge [just as, I
> > assume, the use or non-use of the bridges is out of Bill's
> > control and/or knowledge].  If the room is not being used,
> > that is appropriate temporary mitigation.  I figure that the
> > owner is a prudent person who has been adequately advised of
> > a hazard that is under his control, and that, as owner of the
> > building, he can be expected to take appropriate measures.
> > If he chooses to put the room out of use until the funds are
> > available for the needed repairs, that is a choice he has in
> > his power to make.  If he chooses to use the room despite the
> > warning I have given, he is, in my opinion, not being wise,
> > but his choice is out of my control or knowledge.  How am I
> > put in jeopardy by leaving the matter in his hands?
> >
> > I recently received a phone call from the owner a few months
> > after my proposal; he told me that he will authorize my
> > services but is not ready to do that yet.
> >
> > Nels Roselund
>
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