Successor Professional Engineer
Successor Professional Engineer
(OP)
thread507-292069: Florida Reg for Successor Professional Engineer
Following on the above thread, would a Professional Engineer still be liable or responsible for the PORTION of the project that was already built but the entire project not finished under the previous engineer? The permit is still open and construction is halted in the middle of the project, due to a dispute between owner and EOR. The previous engineer withdrew his plans and terminated his services before the permit is closed or a certificate of occupancy is issued. Now is the Successor Professional Engineer responsible for and must adopt as his own the entire project including the PORTION that was already built?
Or;
The Successor Professional Engineer must only be responsible and liable for the portion that has not been built and prepare As-Built drawings showing on it the portion to be built and deal with the portion that has been already built as existing structure.
This is an interesting situation with a definitely mixed bag. It is not clear how 61G15, 471, and maybe other legal statutes may looks at a case like this.
Thoughts are appreciated.
V2
Following on the above thread, would a Professional Engineer still be liable or responsible for the PORTION of the project that was already built but the entire project not finished under the previous engineer? The permit is still open and construction is halted in the middle of the project, due to a dispute between owner and EOR. The previous engineer withdrew his plans and terminated his services before the permit is closed or a certificate of occupancy is issued. Now is the Successor Professional Engineer responsible for and must adopt as his own the entire project including the PORTION that was already built?
Or;
The Successor Professional Engineer must only be responsible and liable for the portion that has not been built and prepare As-Built drawings showing on it the portion to be built and deal with the portion that has been already built as existing structure.
This is an interesting situation with a definitely mixed bag. It is not clear how 61G15, 471, and maybe other legal statutes may looks at a case like this.
Thoughts are appreciated.
V2
V2






RE: Successor Professional Engineer
RE: Successor Professional Engineer
But, maybe Florida is different. After all, Ron is different, right? :)
Mike McCann
MMC Engineering
http://mmcengineering.tripod.com
RE: Successor Professional Engineer
Each jurisdiction is different, so the standard "contact a lawyer" is a must in this case. I would also suggest you contact your insurance carrier and let both them and your attorney review the contract. If you see something from the original engineer that you do not agree with, you will want to make changes. The owner then will want to sue to recover cost. Nothing is good about the situation.
RE: Successor Professional Engineer
BA
RE: Successor Professional Engineer
RE: Successor Professional Engineer
I must agree w2ith you in general though BA.
Mike McCann
MMC Engineering
http://mmcengineering.tripod.com
RE: Successor Professional Engineer
Yes, Michael...both Florida and I are different. We're both hot!!
RE: Successor Professional Engineer
It seems that there will be no gain to any of the involved parties in asking the Successor Engineer to assume liability on an existing construction that passed inspection.
Also, what would happen to the Original Engineer's professional liability? Is he simply off the hook by either walking away or getting fired from the job?
If so, then the Original Engineer is getting it easy either way. Something is not right here…
V2
RE: Successor Professional Engineer
Dik
RE: Successor Professional Engineer
Get an indemnification from as many parties as you can. Get a letter from the private provider that clearly locks them into acceptance of the work they have inspected. Get an indemnification from the original engineer for any design that you cannot review and change as you see fit.
Good luck.