Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Architect is copy-pasting underpinning design from another project - I'm worried about my risks
(OP)
As a structural engineering firm, in response to very specific scope RFP, we were hired to provide sizing of masonry lintels and wood joist sizes--nothing else.
We are not stamping any plans or calculations. Our sizes were communicated to the architect via email, to be incorporated into their plans.
I have come to find out that the architect is copy-pasting an underpinning design from a neighboring, similar building.
I have suggested both verbally and in written emails that they hire an underpinning engineer. I have also suggested that a lateral analysis should be performed due to the large openings they are creating in the existing shear walls; my firm is capable of this work but it is outside our scope per the contract. To date, the architect has ignored our advice.
I am very worried that--because we are the only engineer on the team and despite not stamping any work--we could face risk if something goes wrong. Even if nothing collapses, any delays due to someone else flagging the project (building dept, contractor, neighboring residents), my firm could get roped into litigation.
I would quit the job if I was wasn't worried about being somehow liable for not performing to the contract we've entered. The fee is tiny. (Obviously, this is all occurring because the architect is trying to pinch pennies.)
I can't tell if I am overreacting.
What would you recommend? Am I overreacting? I've made my opinion clear to the architect in writing, and I am stamping nothing. Is the architect taking on all the risk and do I have none?
We are not stamping any plans or calculations. Our sizes were communicated to the architect via email, to be incorporated into their plans.
I have come to find out that the architect is copy-pasting an underpinning design from a neighboring, similar building.
I have suggested both verbally and in written emails that they hire an underpinning engineer. I have also suggested that a lateral analysis should be performed due to the large openings they are creating in the existing shear walls; my firm is capable of this work but it is outside our scope per the contract. To date, the architect has ignored our advice.
I am very worried that--because we are the only engineer on the team and despite not stamping any work--we could face risk if something goes wrong. Even if nothing collapses, any delays due to someone else flagging the project (building dept, contractor, neighboring residents), my firm could get roped into litigation.
I would quit the job if I was wasn't worried about being somehow liable for not performing to the contract we've entered. The fee is tiny. (Obviously, this is all occurring because the architect is trying to pinch pennies.)
I can't tell if I am overreacting.
What would you recommend? Am I overreacting? I've made my opinion clear to the architect in writing, and I am stamping nothing. Is the architect taking on all the risk and do I have none?






RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
First, it sounds like you don't think I'm overreacting then?
Second, in the future, we will definitely cut things off with this architect. I need a strategy just for this project.
Last, I feel reporting to the building dept would be poking the hornet's nest. I've had no direct contact with the homeowner: if you were in their shoes, wouldn't you be pissed this sub-consultant is seemingly sabotaging your project since he didn't get more scope/fee? (We are NOT aiming for more fee--just trying to cover our asses here).
I'll put it this way: going to the building will be a last resort, nuclear option if I feel completely backed against the wall. Not ruling it out, but hope to resolve this some other way first.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
While it would cost you time and money, I would produce a stamped drawing where you can take the opportunity to specifically draw attention to important items that should be designed "by others".
I like to debate structural engineering theory -- a lot. If I challenge you on something, know that I'm doing so because I respect your opinion enough to either change it or adopt it.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Further, it seems you suffer from the same malady as a lot of us......didn't use a contract or your contract doesn't contain a clause of document ownership. If you do not have such a clause in your standard contract, put one in. Here is mine....you're welcome to copy it...I have redacted my company name and replaces with X's.
13. Documents. XXX will furnish Client the agreed upon number of written reports and supporting documents. These instruments of service are furnished for Client’s exclusive internal use and reliance, but not for advertising or other type of distribution, and are subject to the following:
a. All documents generated by XXX under this Agreement shall remain the sole property of XXX. Any unauthorized use or distribution of XXX’s work shall be at Client’s and recipient’s sole risk and without liability to XXX. XXX may retain a confidential file copy of its work product and related documents.
b. If Client desires to release, or for XXX to provide, report(s) to a third party not described herein for that party’s reliance, XXX will agree to such release provided written acceptance is received from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that XXX’s report(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for XXX and by this request Client waives any such claim if XXX complies with the request.
c. Client agrees that all documents furnished to Client or Client’s agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents produced by XXX pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without XXX’s prior written approval.
d. Client shall furnish documents or information reasonably within Client’s control and deemed necessary by XXX for proper performance of its services. XXX may rely upon Client-provided documents in performing the services required under this Agreement; however, XXX assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of the Client, but XXX may retain one confidential file copy as needed to support its report.
e. Upon Client’s request, XXX’s work product may be provided on electronic or digital media. By such request, Client agrees that the written copy retained by XXX in its files, with at least one conformed written copy provided to Client, shall be the official base document. XXX makes no warranty or representation to Client that the electronic or digital copy is accurate or complete, but will correct in good faith any omissions or errors brought to XXX’s attention by Client. Any modifications of such electronic or digital copy by Client shall be at Client’s risk and without liability
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Signed/sealed or not, you're still responsible for your design. When it is improperly used by cutting and pasteing on another project, you might still have to defend yourself from an initial claim. It might not stick, but it costs time and money to defend any claim, so it is always best not to get invited to that party.
Further, the architec will likely say that you didn't tell him that the design was not "portable" and that you didn't say that he couldn't use it again.
If the architect refuses to remove the design and continues to use it, contact the architectural licensing board and file a complaint.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
The problem is not only determining that line, but the use of the details of other projects where he is unfamiliar with any design limitations, among other issues.
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
I like to debate structural engineering theory -- a lot. If I challenge you on something, know that I'm doing so because I respect your opinion enough to either change it or adopt it.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
KootK - this is a good possible solution. Thank you.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Engineers have a lot of leeway as well. In States which don't register by discipline, engineers can let their conscience be their guide when it comes to which discipline of engineering drawings they choose to seal.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
BA
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Don't know, but it is here. I'm in WA.
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
BA
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Sorry G14....I didn't get that from your original post. In any case, if you assume the responsibility for the engineering that was done by others, you have to go through certain procedures in order to "make it your own".
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
One of the hardest lesson to learn in private practice is whom you do not want to work with.
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
BA
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
Mike McCann, PE, SE (WA)
RE: Architect is copy-pasting underpinning design from another project - I'm worried about my risks
You note your scope is specific to masonry lintels and that you think the lateral load resisting system is questionable with the new openings. On that one I think you are on the hook. You sized a lintel for a large opening in a shearwall, you can't exclude the affect it has on the shearwall. It would have been easier if you held the lintel design back until the Arch agreed to the increase in scope to include lateral. You may need to do some calcs on your own and see if you think it makes a difference or not.