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Re: Field welding

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Scott Maxwell wrote:

If reasonable steps are taken on the part of the engineer to ensure that
proper welding is occuring (i.e. random inspection of a certain number of
field welds either during welding or after welding with certain tests),
then why would an engineer lose their license for a contractor's error?
I don't know that losing one's license is at issue, but I have seen an engineer (or rather, an engineer's insuror) ante up because of what was, to me, plainly construction error.

Of course, the constructor paid as well.

That's another thing one has got to understand: Lawyers don't give a flying **** who's "right." They care only about who they can make pay, and in so doing transfer a substantial portion of that payment to himself.

I saw a "person" I can only describe as a "****ing Texas lawyer" pound his palm on the table demanding "justice" for his poor client (the owner), when I KNOW, and I know that HE knew, that no such "injustice" had ever occurred.

When a plaintiff's attorney shouts "justice," it's just shorthand for "Show Me The Money!!!"

And we have to adjust our thinking and our practice accordingly. It is irrelevant whether we think we're "satisfied" with our instructions ot the Contractor. Unfortunately we have to be able to influence the quality of the final product as well. When something goes wrong you WILL be sued, make no mistake.

FWIW, I was unable to talk a lawyer whom I was advising out of suing an engineer who had been only peripherally involved with a project, and who I did NOT believe had acted in "bad faith" at all. "Doesn't matter," said the lawyer. "I've got to sue him because if I don't, the other side will lay all the blame on him knowing that he's not there to defend himself and that it will make our case look weak because we didn't include him--lawyer's version of 'due diligence'. Besides, he's insured..."

(And so the premiums continue to go up).

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