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Re: Texas engineer sued for roof/ stans post

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I agree with Scott on this.  In this state (CA) this form would be a non-starter because engineers can’t fulfill all of the inspection requirements without additional training, testing and certification.

MJ


--- On Thu, 7/30/09, Scott Maxwell <smaxwell(--nospam--at)umich.edu> wrote:

> From: Scott Maxwell <smaxwell(--nospam--at)umich.edu>
> Subject: Re: Texas engineer sued for roof/ stans post
> To: seaint(--nospam--at)seaint.org
> Date: Thursday, July 30, 2009, 3:29 AM
> 
> 
> Re: Texas engineer sued for roof/ stans post
> 
>  
> Nope.
> 
> 
> 
> The red flag is the continued use of the word
> “inspection”.
> 
> 
> 
> Regards,
> 
> 
> 
> Scott
> 
> Adrian, MI
> 
> 
> 
> 
> 
> On 7/29/09 9:45 PM, "Stan Caldwell"
> <stancaldwell(--nospam--at)gmail.com> wrote:
> 
> 
> 
> Albert:
> 
>  
> 
> Here is a link to the most recent TDI Certification Form
> (WPI-2-BC-5) that Texas engineers are required to sign.  
> 
>  
> 
> http://www.tdi.state.tx.us/forms/pcinspections/pc382wpi2bc508.pdf
> 
>  
> 
> Would you sign this form?  Would anyone in their right
> mind?
> 
>  
> 
> Regards,
> 
>  
> 
> Stan
> 
> 
> 
> On Wed, Jul 29, 2009 at 6:41 PM, Grathwol, Albert
> <albert.grathwol(--nospam--at)aecom.com> wrote:
> 
> Never tell the
> Owner verbally or in writing that anything was built per the
> plans and specs unless you were there watching all the
> subgrade prep, every bolt tightened, every rebar placed,
> inspected every weld, etc., etc.
> 
> Al
> 
> 
> 
> From:
> Scott Maxwell [mailto:smaxwell(--nospam--at)umich.edu]
> 
> 
> Sent: Wednesday, July 29, 2009 4:19 PM
> 
> To: seaint(--nospam--at)seaint.org
> 
> Subject: Re: Texas engineer sued for roof/ stans
> post
> 
> 
> 
> It will also be highly dependent on what
> “certify” means.  There are certain things that
> it could mean where his E&O insurance company would say
> “tough luck...you are on your own as you violated your
> policy terms”.  If that is the case, then about the
> only “plus” side is the engineer will get the
> make the decision as to whether to fight or pay as the
> insurance company will not be part of the equation anymore.
> 
> 
> 
> I want to feel bad for this engineer...but I really do not
> know enough to really make that decision.  It is entirely
> possible that this is a situation of the engineer’s
> own making (i.e. “certifying” or
> “warranting” something he/she should not
> have...in other words, taking on too “onerous”
> terms in order to get a project...or the risk was not worth
> the pay).
> 
> 
> 
> Regards,
> 
> 
> 
> Scott
> 
> Adrian, MI
> 
> 
> 
> 
> 
> On 7/29/09 6:55 PM, "Stan Caldwell"
> <stancaldwell(--nospam--at)gmail.com> wrote:
> 
> 
> 
> Andrew:
> 
>  
> 
> As you probably know, the "pay or fight" decision
> always lies with the insurer, not with the insured.  They
> make the decision to minimize business risk, without regard
> to the reputation or wishes of the defendant engineer.
> 
>  
> 
> Neither I nor anyone in my firm have any direct involvement
> or inside knowledge of this specific matter, beyond what was
> written in the demand letter.
> 
>  
> 
> The lesson that everyone should take to heart is
> "Never, ever CERTIFY anything that you do not
> personally know to be absolute FACT."  In other words,
> if it wasn't done personally by you or under your direct
> and continuous supervision, don't attest to it.  This
> should also apply to the use of your PE and/or SE seals.
> 
>  
> 
> Stan
> 
> 
> 
> On Wed, Jul 29, 2009 at 5:33 PM, Andrew Kester
> <akester(--nospam--at)cfl.rr.com> wrote:
> 
> Stan,
> 
> 
> 
> Not that you have all the details, but I want to see the
> forensic engineer or better yet, the attorney, that is able
> to prove what the wind speed velocity was at the moment of
> failure at that specific site. Also, even engineers who
> specialize in roofs really don’t really design
> anything, rather we specify systems (or in his case inspect)
> that are designed and/or tested by the manufacturers to
> building code minimums. I also understand Texas has some
> difficult for me to grasp free-for-all areas where they may
> not have such Code standards. In Florida, just about any
> manufactured product on a building has to pass testing and
> be on the qualified list and the get a Product Approval
> Number. If a shingle manufacturer or code says 6 nails per
> shingle is good for V=120mph, and that is what was done,
> then it met the minimum requirements and nobody may really
> be at fault. Plus, how do you prove there were no
> microbursts, tornadic activity, or other spikes in the
> average wind pressure. When I did work in MS after Katrina,
> sometimes the nearest weather data was taken 10+ miles away
> at a weather tower or military facility, and a lot of those
> devices failed...
> 
> 
> 
>  
> 
> 
> 
> Poor guy is going to have to hire a defense attorney though
> to get through that, or his E and O insurance will have to,
> which they will likely then increase his rates whether they
> pay it or fight it. Needs to get him a good forensic
> engineer with lots of roof experience, I know some that are
> licensed out there if this is a friend.
> 
> 
> 
>  
> 
> 
> 
> THAT SUCKS!!!!!!!  (no better verbiage I could come up
> with)
> 
> 
> 
>  
> 
> 
> 
> Andrew Kester, PE
> 
> 
> 
> Orlando, FL
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
>  
> 
> 
> 

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