Return to index: [Subject] [Thread] [Date] [Author]

RE: Now I am in a REAL jamb!!

[Subject Prev][Subject Next][Thread Prev][Thread Next]
Your right, you are in a real jamb. It's too late now, but I would have
contacted first the Architect and Owner, and see how they choose to
respond, before contacting the Building Department.   What's done is
done.  If there is deficiencies and this thing blows up, you will
eventually be exhonerated, IMHO.

-----Original Message-----
From: Lynn [mailto:lhoward(--nospam--at)silcom.com]
Sent: Thursday, February 14, 2002 3:29 PM
To: seaint(--nospam--at)seaint.org
Subject: Now I am in a REAL jamb!!


I posted a letter the other day that some of you
responded to me both on the list and privately.  I
really appreciated the input I received and decided to
contact the Owner, Building Department and Architect
about potential problems I had found with the building.

Now my client has threatened to sue me if he suffers
any losses due to our reporting these issues to the
building department.  He say we were hired as a
consultant, and as such we had no right to inform
anyone else of our findings, unless there was an
eminent danger to the life or safety of the occupants.
Since the building is only now under construction, they
claim there was no such threat.

Does anyone have any comments on this?  Is this true?
Do we only have the right to report errors we find to
the building official if they are of an immediate life
safety type.  If our client suffers losses because I
reported this, am I to be held liable?

Below is the text of my original text for those of you
that do not remember my issue.

Lynn







I need help on an issue I know has been addressed
before, but to be honest I did not pay much attention
to it because it did not directly effect me at the
time.

There is a new three story office building being
constructed, it totals about 50,000 square feet.  The
first floor, first floor walls, and second floor slab
is all concrete and concrete block.  The second floor
concrete slab is about to be placed.  The upper floors
are wood and steel.

Our office did not do the design for the building, but
we have been asked by a tenant that is going to occupy
some of the building to provide structural design for
their T.I. work.  They have some heavy equipment going
in, so there is some significant structural work that
will have to be done in order to accommodate this
equipment.

The Architect of the building provided us with a
complete set of plans and structural calculations so we
could do our work.  Once we got into the plans and calculations, it
became obvious to us that the Engineer of Record for this building did
not provide a design that conforms to Code.  Many of the Code violations
are in the area of seismic design.  But some are simply of a gravity
load type error also.  We did not do a detailed review of the plans and
specifications, but we saw enough to know that we want nothing to do
with this project.  We have told the tenant that we are not going to
provide the structural design they have requested, and we have told the
tenant exactly why.

My question is if we bow out of this project, am I done
with my professional responsibilities under my capacity
as a licensed structural engineer in the State of
California?  I would like to just walk away from this
whole thing and not get involved any further.  But I
also want to make sure  I am not walking away from and responsibilities
that I may have as a licensed engineer.

Am I obligated to tell the building owner that I have
doubts (but not proof) about the adequacy of the
structural design?  Am I obligated to tell the Building department that
I have doubts (but not proof) about the structural design?

Any thoughts on this issue would be appreciated.

Lynn

******* ****** ******* ******** ******* ******* ******* ***
*   Read list FAQ at: http://www.seaint.org/list_FAQ.asp
*
*   This email was sent to you via Structural Engineers
*   Association of Southern California (SEAOSC) server. To
*   subscribe (no fee) or UnSubscribe, please go to:
*
*   http://www.seaint.org/sealist1.asp
*
*   Questions to seaint-ad(--nospam--at)seaint.org. Remember, any email you
*   send to the list is public domain and may be re-posted
*   without your permission. Make sure you visit our web
*   site at: http://www.seaint.org
******* ****** ****** ****** ******* ****** ****** ********


******* ****** ******* ******** ******* ******* ******* ***
*   Read list FAQ at: http://www.seaint.org/list_FAQ.asp
*
*   This email was sent to you via Structural Engineers
*   Association of Southern California (SEAOSC) server. To
*   subscribe (no fee) or UnSubscribe, please go to:
*
*   http://www.seaint.org/sealist1.asp
*
*   Questions to seaint-ad(--nospam--at)seaint.org. Remember, any email you
*   send to the list is public domain and may be re-posted
*   without your permission. Make sure you visit our web
*   site at: http://www.seaint.org
******* ****** ****** ****** ******* ****** ****** ********