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Re: Clients and Permits

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Since you've been retained to provide construction period work, I think you are obligated to ensure that the client follows the building code - i.e. obtains a permit.  This is especially true since you know the situation.

I think your options are to a) require a building permit or b) rescind the offer of construction period services, claiming non-compliance of the client with applicable law (you do have a for-cause clause in your contract, right?)

I agree that you are in a sticky situation.


At 09:22 AM 12/7/2004 -0500, you wrote:
A question has come up which I am having trouble answering.
If a client hires an engineer for design and construction period services and the client also hires a contractor separately for work requiring a building permit, to what extent is the engineer responsible for ensuring that the client complies with building permit submission requirements? If the engineer is made aware that the client may decide not to comply and not to submit, what are the engineer's responsibilities? How might this affect licensure? The state is Pennsylvania and the project involves a single family residence. The scope of work involves structural modifications but no other alterations. No architect or other licensed professional is involved. In the summary scope of work for professional services, preparation and submission of permit applications is not included but, on the other hand, there is no explicit statement that the engineer is not responsible. Both the contractor and owner are aware of submission requirements.
James Cohen, PE
James Cohen Consulting, PC
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