Disputed Repairs
Disputed Repairs
(OP)
I have a project that was damaged during some snow storms last year. I was asked to look at the building by the owner after a request from the building official. I did a visual inspection of the building and highlighted the areas of concern, gave the owner a repair detail and went about my business.
Since my visit, the owner hired a public insurance adjuster. The insurance company hired their own forensics engineer and the project has turned into a big mess as they fight amongst themselves. Now, seven months later, no work has been completed and the forensics engineer has disputed some of the areas I had concerns with.
My question is in terms of liability. If I recommend a repair to the owner, and the insurance company hires a forensics engineer who says the repairs are not needed, who is then responsible for the work that does or does not get done?
Since my visit, the owner hired a public insurance adjuster. The insurance company hired their own forensics engineer and the project has turned into a big mess as they fight amongst themselves. Now, seven months later, no work has been completed and the forensics engineer has disputed some of the areas I had concerns with.
My question is in terms of liability. If I recommend a repair to the owner, and the insurance company hires a forensics engineer who says the repairs are not needed, who is then responsible for the work that does or does not get done?






RE: Disputed Repairs
RE: Disputed Repairs
RE: Disputed Repairs
RE: Disputed Repairs
also, could SteelPE say "no, i dont want to testify"?
RE: Disputed Repairs
Thinking about things after the meeting I came up with this question. In 15 years in the business I have never run across a similar situation. It seems to me like the engineering company the insurance company brought in would be on the hook, but I am not so sure.
This can't be the first time this has ever happened.
RE: Disputed Repairs
RE: Disputed Repairs
Regardless, I'm just wondering who would be on the hook if one says yes, the other says no?
RE: Disputed Repairs
RE: Disputed Repairs
If the forensic engineer is recommending something that compromises the safety of the public, then you have an obligation to object to its implementation and you need to put such objection in writing.
RE: Disputed Repairs
I haven't read all of this thread so forgive me if this was already said. Have you considered writing a letter to the building official (copying the other parties) and stating your concerns, etc. That way, you are on record with the building inspector. Force them to make the decision. If they go with the other engineers opinion, I feel like the liability is on you. If anything happens later, you just pull out your letter to the building official.
RE: Disputed Repairs
For an interesting take on this do a search on 'Elliot Lake Ontario, Mall Collapse'. The interplay between Owner(s), Municipality, various Consuting Engineers, Contractors etc., over time, is fascinating. Tragically and sadly I think two people were killed when the mall roof/parking lot finally collapsed.
You can't hold a gun to anybodies head, you can't baricade and prevent access to the structure...well you can, but you don't want to go there. Go to the Municipality state your concerns verbally and in writing and they should/will/are obligated by law take over. If for what ever reason they don't/won't or are incompetent in carrying out their duties and nothing is happening in a timely manner, consult the professional organization that governs/regulates you and also advise your insurer of your concerns.
Dot your i's and cross your t's and be sure you have your ducks in a row and are correct about your concerns, beause if you don't .... well you have a whole different set of 'problems' on your hands than you thought.
RE: Disputed Repairs