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Re: professional Practice with a segue...

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Ray,

        I thought the dimes spec was a hoot.

        If it's being takes seriously I don't think it could fly in Canada.  I
expect  it would be against the law to use legal tender in this way.  It's
certainly against the law to melt down coins when the value of the metal exceeds
the face value of the coins;  This was confirmed when copper and silver actually
were being used for money.

Regards,

H. Daryl Richardson

Ray Pixley wrote:

> My posting was a little glib.  But I did run it past some lawyer friends,
> who liked the dilemma it presents.
>
> What you have here is a conflict between applying strict intrepretation
> verses common sense.  Since you admit that the reason for specifying dimes
> that way was to make sure the contractor read them, then it was never
> needed.  Thus, a common sense determination is that the contractor owes the
> engineer an apology, but not a credit.  However, if the engineer insists on
> a credit, then the contractor knows for sure that the engineer probably has
> no common sense.
>
> In terms of lessons learned, what you get from this story is a way of
> determining whether a entity knows the difference between common sense and
> strict interpretation.  There are, of course, questions on how this practice
> may affect competitive bidding, etc.  But I leave that discussion to others.
>   Good luck to all who use it, with care, of course.
>
> Now if the dimes were primarily needed for corrosion protection ....
>
> P.S.: Ken De Lapp's 10/20/04 2:45 PM posting is essentially the same
> dilemma.
>
> >From: "Jordan Truesdell, PE" <seaint(--nospam--at)truesdellengineering.com>
> >Reply-To: <seaint(--nospam--at)seaint.org>
> >To: <seaint(--nospam--at)seaint.org>
> >Subject: RE: professional Practice with a segue...
> >Date: Wed, 20 Oct 2004 11:16:01 -0400
> >
> >At 08:37 AM 10/20/2004 -0400, you wrote:
> >>The change order didn't include credit for the labor cost?   (Someone has
> >>to put those dimes down, and someone else has to do a survey to make sure
> >>they were placed 12" O/C, etc.)
> >>
> >
> >I think they agreed to "waive" the additional labor and fees, as a gesture
> >of good will ;-)
> >Like I said, I don't remember the exact outcome, but it did involve a
> >credit.
> >
> >
> >Jordan Truesdell, PE
> >
> >
> >
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