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Re: California contract law BORPELS

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From: ASLCSE(--nospam--at)aol.com
Subject: Re: California contract law BORPELS
To: seaint(--nospam--at)seaint.org


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Dennis:
I think you hit the nail right on the head!!!
I have a couple of comments to similar situations:

I have filed a complaint with BORPEL in May of this year. Every month or so I receive a l "Dear John" letter from BORPEL stating that they are understaffed, etc. In the meantime, the (incompetent, I know it's a harsh word, but fits in this case) PE I reported continues to practice structural engineering. (Luckily for the owner, the contractor questioned the structural drawings, as it turned out, some of the framing members were 100% & 200% OVERTRESSED!!!!!)

Are the partners (owners of the firm) allowed to put "Structural Engineers" after the frims name if only an employee is a licenced SE? Or, are the allowed to put "Structural Engineering" after the firm's name?

Antonio S. Luisoni PE, SE


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Tony,

As a title state, IMO, the firm is not allowed to use the title unless they have a titled SE as a partner in the firm. My only rationale for this is that the employee may leave the firm and the company no longer has an SE on staff. I don't believe that BORPELS is as concerned with the title issue as long as the firm is qualified to practice in the field of structural engineering for the projects they take on - no hospitals, schools or high-rise buildings etc. The reason as explained to me by one of the enforcement agents with BORPELS is that they tried to contact Yellow Pages to attempt to relist the heading from Engineer to Engineering and came up against the Phone Company politics. They realize that in most cases, those who advertise in the Yellow Page sections are practicing structural engineering and are Professional Engineers (with the exception of my complaint that pointed out an unlicensed designer advertising under the SE category as a structural engineering consultant). I think I stated the section of the Business and Professions Code which states that a firm offering structural engineering or civil engineering services must have a principle of the firm as a licensed Civil Engineer. I assume the same logic holds for using the title Structural Engineer.
Best thing to do would be to call BORPEL to ask the question.

Dennis



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