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Re: When is an Architect or Engineer Required?

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My take on this is somewhat similar to Michael's. It sounds to me like the HOA (not the Facilities Consultant) accepted this roofer's proposal because he was cheap. He had no intention of following the elaborate specs (and said so) & the Facilities Consultant had no contractual basis to require him to do so. The HOA is now in a mess, primarily of their own making & have hired you to spread the blame around so as to recover repair costs. Just because the Engineer drew his "plans" on 81/2" x11" doesn't make the work incorrect. Be very careful not to apportion "blame" just because someone didn't do as good a job as you think you would have. In forensic work, one man's "white-knight" is another man's "whore". It is often the case that lawyers & their consultants drag in anyone who was associated with a project (culpable or not) & mau-mau them for money with the threat of the cost of a legal defense.
C. Utzman,P.E.
P.S. I have been very pleased finally see this forum free of political rants (aside from one inappropriate anti-Davis posting last week). Can we please keep it that way :o)

Michael Hemstad wrote:

Bill,
welcome back to the list!  We've missed your
engineering contributions, and, I have to admit, even
your political rants.

A couple questions:

1.  Were the tapered members needed as structural
reinforcement, or to add slope for drainage?

2.  Does the Texas law you cite regarding number of
units to require an engineer, apply to a re-roof?  I'm
used to those rules being written for new construction
or substantial modification.  Whether this work is
"substantial" is open to argument.

What the late breaking structural engineer did would
be referred to in Minnesota as "plan stamping," and
would be illegal.  However, in Illinois, if I read
their rules correctly, it would be OK.  I have no idea
how Texas views the practice.  In a narrow legal
sense, the engineer  probably couldn't be convicted,
simply because he drew it on his own sheet of paper.

Don't get me wrong--I don't think much of the whole
thing.  Both the Facilities Consultant and the
Homeowner's Association basically will get what they
deserve.  It seems to me the most probable scenario is
that the Homeowner's Association will sue the Facility
Consultant for negligence in accepting a bid which
ignored his own specification that they had paid for,
and then allowing and accepting the construction.  Any
fine or punishment levied by the State Licensing Board
will pale in comparison to what the Homeowner's
Association will exact.  And, the Association will
still lose because after probably a couple years of
fighting, they will still have a lousy roof.

My opinion, FWIW.

Mike Hemstad, P.E., S.E.
TKDA
St. Paul, Minnesota

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