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RE: Who is the EOR?

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This happened to me recently for a pre-fabricated building on a foundation I
designed. I had disclaimers in my contract stating I take responsibility for
only the concrete foundation and excluded embeds and other connections to
fastened the building (a modular single story day care facility). I also put
a big bold disclaimer on my drawings stating similar things, I forget the
exact wording.

So I was clear. But legally, I'm probably not protected. The modular design
engineer had his stamp on his plans, but he tried to say I was the EOR
because my portion was built on site... I said, well your portions are
assembled on site along with a bunch of other architectural items that his
same company designed.... so it was a pissing contest... next time I do one
of these, I'm am going to have the most anal retentive proposal ever (and it
still probably won't protect me).

-gm

-----Original Message-----
From: Kestner, James W. [mailto:jkestner(--nospam--at)somervilleinc.com] 
Sent: Wednesday, January 19, 2005 9:36 AM
To: seaint(--nospam--at)seaint.org
Subject: RE: Who is the EOR? 

This question has nothing to do with a future, current or past project. I
work for an A/E firm, so it is not an issue with any of those projects.

Once in awhile, however, we will have contractors ask for a proposal for us
to do foundations only. The bid we provide them is to do all the work
asociated with the EOR's responsiblity. I often wonder, however, about the
PE who bids the foundation only as directed. Who takes the on the other
engineering responsibility? Is this a contractual issue, a professional
issue or a state issue?

I would think that you independent structural consultants out there deal
with this issue all the time. What is your take on it? Does your
responsibility get defined by your contract? Does your liability get defined
by the work you do and your contract or by what the profession says that you
are responsible for?

Jim K.

-----Original Message-----
From: Christopher Wright [mailto:chrisw(--nospam--at)skypoint.com]
Sent: Wednesday, January 19, 2005 10:13 AM
To: seaint(--nospam--at)seaint.org
Subject: Re: Who is the EOR? 



On Jan 19, 2005, at 9:57 AM, Kestner, James W. wrote:

> Who has the overall responsibility for all the engineering? How is 
> this normally determined?
If you mean 'professional' responsibility it can only be another 
engineer--the person who seals the plans. That probably excludes all 3 
of the individuals you've named. If the source of the question is what 
I suspect, you might want to think the project over very carefully, 
lest you find yourself on the hook for the whole thing.
Christopher Wright P.E. |"They couldn't hit an elephant at
chrisw(--nospam--at)skypoint.com    | this distance" (last words of Gen.
...................................| John Sedgwick, Spotsylvania 1864)
http://www.skypoint.com/~chrisw/


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