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Re: California contract law BORPELS[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: SEAINT Listservice <seaint(--nospam--at)seaint.org>, "S. Gordin" <sgordin(--nospam--at)sgeconsulting.com>
- Subject: Re: California contract law BORPELS
- From: "Dennis S. Wish, PE" <dennis.wish(--nospam--at)verizon.net>
- Date: Sat, 05 Nov 2005 11:02:54 -0800
I have a couple of question in regards to what you may have learned:|
The California Architectural Board operates on a different standard that would allow this unlicensed individual to do the work and have an architect wet seal his work exclusively. BORPELS takes the approach of mitigating a potential hazard by addressing a design weakness or violation before damage can occur. CAB will not even address the matter and recognizes that the Architect has complete autonomy until the point where damage (or loss of life) occurs and then will investigate to find out if the Architect is negligent or potentially liable.
We seem to have enough problems with the issues of Outsourcing and non-immigrant status professionals (H-1b) who are hired to fill positions in the United States and who many feel is simply a side-step to permanent immigration into the United States. However, in many respects I feel it is not as insidious a violation as this one designer who is an small business owner passing himself off as a qualified professional and who while trained has not proven his competency to the satisfaction of the Department of Consumer Affairs in California (the government office that regulates licensing).
The final point is a comparison; As to the issue of outsourcing, I can't argue on the merits or competency of the engineer who had designed the project for a low fee as long as there is an engineer licensed in the state or jurisdiction in which the project is to be constructed and who has been involved in the choices and coordination of work from start to finish. However, I would argue (based on the mitigation nature of BORPELS for example) the "designer" who has made all decisions and choices during the project but who seeks to hire a licensed or registered professional to seal his work so as to make it "legal".
It creates a potential problem protecting the safety of the public. Although he may be trained, he opens the doors for others with even less understanding to complicate and mock the licensing rules but for the most important reason, places the public safety in jepordy.
It's been nearly two years and now it appears that this complaint will come up in the next years BORPELS issue. In the mean time a great number of homes have been and will continue to be designed by those figuring out ways to bypass the rules for sake of money and an inherent lack of concern for the public safety.
Dennis S. Wish, PE
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