Contractor intends to skip permit process
Contractor intends to skip permit process
(OP)
We are structural engineers hired by the contractor working on a multifamily residential structure. It has come to my attention that the contractor intends to construct our design without filing for building permits.
We have put it in writing that we believe he must file for permit. There is no architect or other professional consultants on the project. Permit filing is specifically excluded from my contract. They are good guys that do good work but are just trying to move quick. I would prefer not to go directly to the building department and resolve it internally, but we're not confident if our PE obligates us to.
I would appreciate any advice you can give if you are familiar with how we should proceed.
We have put it in writing that we believe he must file for permit. There is no architect or other professional consultants on the project. Permit filing is specifically excluded from my contract. They are good guys that do good work but are just trying to move quick. I would prefer not to go directly to the building department and resolve it internally, but we're not confident if our PE obligates us to.
I would appreciate any advice you can give if you are familiar with how we should proceed.





RE: Contractor intends to skip permit process
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RE: Contractor intends to skip permit process
Another thought - if anything bad happens during construction, you'll be brought into the mess as a professional engineer who knew about the lack of permits. Is it worth that risk?
Please remember: we're not all guys!
RE: Contractor intends to skip permit process
Can they hide a multi family residential? Beats me, but probably not. Regardless, their skipping this paperwork does not create any safety hazards to the public. It costs them money and slows down their construction. As long as they build it right, it's not a problem (as I see it). If they aren't permitting it so that they don't need inspections so that they can cut corners, that's a completely different issue that should be reported.
Are there any professional guidelines saying that we need to monitor contractors for permits? I'd be interested in reading them. Typically I provide the client with signed and sealed drawings that they can use for permit, but I do not submit them, do not know whether or not a permit is issued, and do not intend to ask. Is this somehow unethical?
RE: Contractor intends to skip permit process
In this case, you know they aren't planning on getting a permit. How would that look if something were to happen regardless of whether the design was acceptable?
RE: Contractor intends to skip permit process
Appreciate the comments.
In the NSPE Code of Ethics are these two prominent items:
II.1.d. Engineers shall not permit the use of their name or associate in business ventures with any person or firm that they believe is engaged in fraudulent or dishonest enterprise.
II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.
To me the engineer is allowing his firm to be associated in a business venture that is dishonest....and is aiding the unlawful practice of building a structure without a locally, legally, required permit.
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RE: Contractor intends to skip permit process
It is better to have enough ideas for some of them to be wrong, than to be always right by having no ideas at all.
RE: Contractor intends to skip permit process
David Simpson, PE
MuleShoe Engineering
In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual. Galileo Galilei, Italian Physicist
RE: Contractor intends to skip permit process
JAE: Both of the sections you posted are part of section II Rules of Practice:
1. Engineers shall hold paramount the safety, health, and welfare of the public.
1.d. Engineers shall not permit the use of their name or associate in business ventures with any person or firm that they believe is engage in fraudulent or dishonest enterprise.
1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.
I believe the 1.d. needs to be taken within the context or part 1. A contractor not getting a permit does not inherently impact the safety, health, or welfare of the public.
In fact, reporting the contractor may be a violation in itself.
Note part II.1.c, Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this code.
The law does not require us to report others who are not following the law.
Note part I.3,(engineers shall) Act for each empoyer or client as faithful agents or trustees.
Note part III.1.b, Engineers shall advise their clients or employers when they believe a project will not be successful.
RE: Contractor intends to skip permit process
How could a professional consultant be sent to jail for the actions of a contractor?
RE: Contractor intends to skip permit process
Next, the OP is from NY state. Their construction law says that if the municipality is required to follow the state building code, then permits are required. If one is not obtained, it is a violation of the law and subjects the person to fines and other penalties.
Further, the contractor is stupid to even attempt this on a multi-family project.....these projects are riddled with lawsuits all over the country and if the contractor builds without a permit he will subject everyone on the team to higher liability in the event of problems down the road.
Then, simply for getting paid.....if there is no building permit, the contractor likely has no lien rights on the project....there goes his money!
Dumb idea in any way you can think of.
RE: Contractor intends to skip permit process
its likely that the project will be red tagged and shut down until a permit is issued. Or eventually, the certificate of occupancy will not be issued. The delay could take days, weeks, months or years to happen. contractor, consultants, subcontractors and vendors will probably not be paid. The penalty will likely be a significant fine. Very unlikely anybody could go to jail, but much better to get the permit up front.
RE: Contractor intends to skip permit process
I also agree that it's a stupid idea.
I don't see where/how an engineer is legally or ethically obligated to report it, or how they'd be reprimanded for a failure to do so.
The OP has it in writing that they advised the builder to get a permit. Advising other team members also seems reasonable. Going to the city? Nah...
RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
Every so often one of my former employers used to get phone calls from people who'd carried out exactly that, and then the insurance company and / or council would require appropriate permits, inspections and structural certification. We'd always politely decline, it wasn't worth the risk for us to provide certification without having carried out the appropriate inspections, which were usually almost impossible to carry out by the time we got the phone call.
In a lot of locations the periodic permits and inspections are there to avoid construction issues and ensure that the construction is carried out appropriately (such as high wind loading areas in Australia), not following this process gives no assurance that the building was constructed as it was meant to be, which can have negative effects on the end client.
RE: Contractor intends to skip permit process
What about NSPE Part II.1.c?
"Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this code."
What part of the law or code authorizes or requires this reporting? If the answer is none, than the reporting itself is unethical.
I also believe that construction issues, details, and certifications are irrelevant to the question at hand. I agree that all of those must be addressed, but the question here simply deals with unpermitted construction and if it needs to be reported.
I work on a lot of industrial projects, where work inside the building doesn't need to be permitted. Often times, this work will spill over to minor site work that should be permitted, or small building addition that should be permitted. These permits would take months and often times the client elects to proceed without them. The projects are fully designed by a complete design team, get a geotechnical report, and have a special inspector on site as necessary to ensure that everything is built properly. Once a client was caught, paid the fine, and did it again on the next project. We are typically hired by the owner. Do you believe that my actions were unethical?
RE: Contractor intends to skip permit process
Here's the point, as simple as I can make it: IF IT NEEDS PERMITS, THEN THE CONTRACTOR SHOULD GET PERMITS. So what if it adds longer to the project? That should be understood from the beginning and included in the timelines, budgets, etc. YES, I believe your actions were unethical. And you'd best hope you don't pulled get into a lawsuit or called before your licensing board.
Please remember: we're not all guys!
RE: Contractor intends to skip permit process
Ron's comments above are (always) well taken -
In this situation that the OP presents, my own response would be to:
1. Tell my client/contractor that I highly recommend getting the permit.
2. Asking my client/contractor if they will get a permit or not.
3. If not then I would feel a need to step back from the project.
Not sure I'd necessarily notify the city/authorities - but I would resign from the work.
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RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
I'm also not sure how they expect to get a final C.O. without pulling permits, unless it's out in the sticks somewhere. Also, if the owner ever goes to sell the property or try to pull a mortgage, it will take all of 10 minutes to find out that the property was constructed without permits.
RE: Contractor intends to skip permit process
Once20036 seems to imply that since the contractor is the client that makes a difference. It doesn't. Your obligation as a professional engineer is to the health, safety and welfare of the public....not just your client. You know that what is being done is illegal. That's all you need to know. You now are obligated to protect the public from such actions. This is multifamily construction. The buyers will be an unsophisticated public. They are not commercial buyers, they are just buying into commercial work. Big difference. There is no caveat emptor consideration for someone buying a residence.
Do the right thing and tell your client that you want nothing more to do with the project if they proceed without a permit and that if they continue to do so you are obligated to contact the building official.
I'm surprised that you don't see your potential liability in this. I deal with construction defects and construction litigation EVERY DAY. If you continue down this path, you are buying yourself a lot of problems.
The State of New York has NO statute of repose. That means that you are on the hook FOREVER for negligence.
Think about it.
RE: Contractor intends to skip permit process
Please remember: we're not all guys!
RE: Contractor intends to skip permit process
Legally, there is no obligation for me to report someone else who isn't following the law.
Ethically I absolutely see where you guys are coming from. From NSPE, "... shall not associate in business ventures... they believe is engaged in dishonest enterprise."
Personally, I take this within the context of "Engineers shall hold paramount the safety, health, and welfare of the public." and I don't see how the city not getting their check intrinsically creates any risk to the public.
To be clear, I see this as being a separate issue and independent from concerns regarding cut corners and construction defects. I believe that inspections are critical, both for my liability and the safety of the public. If a lack of permit = lack of any inspection or oversight, I agree with you whole heartedly and would not hesitate to do what it takes to address the issue. In my case it is a separate question. In the OPs case it isn't clear to me.
I agree that if it needs permits, it should be permitted. I permitted a small deck that I built, much to the surprise of the city inspector. Apparently it was the first deck permit in years.
I agree that the contractor is making a mistake and agree that it will bite them in the rear when it comes time for a CO, if not before
Honestly, I`m surprised to stand alone on this one. I read and shared a link to an NSPE case study where an engineer was not obligated to report previously unpermitted work. Has anyone found other applicable examples?
I intend to bring this up to our in house legal eagles, but don't expect any change in our direction. I`ll report back if they share anything interesting.
RE: Contractor intends to skip permit process
Hey Geoffre14... what did y'all decide to do?
Please remember: we're not all guys!
RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
Like you said, projects should be permitted. (I also recently surprised my local building official by submitting a permit to replace a fence that was blown down in a storm).
And engineers absolutely have an obligation to make sure inspections/life safety requirements are met. If permits are tied to that process, they need a permit.
Additionally, I'd certainly be soured about the idea of working for a client who was cutting corners like this. Where else are they trying to save money, what else are they willing to compromise?
But at the end of the day, I don't see that an engineer is obligated (legally, ethically) to report an non-permitted project to the building official. And like you said, that may even violate the code of ethics.
RE: Contractor intends to skip permit process
Richard A. Cornelius, P.E.
WWW.amlinereast.com
RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
"I understand why you wouldn't get permits, but on my plans you will see the "Statement of Special Inspections" and it tells you which inspections the jurisdiction has to do, and which need to be performed by a Special Inspector and turned in to the Jurisdiction for project closeout. If you don't get those permits and get caught (who is going to not see a multi-family building?) the fees for reverse engineering, demolition and re-inspection will be 3x my original design fee and it will take months longer than permit review timeline. I would recommend the permit."
Doesn't that cover you as an engineer? You have stated jurisdictional inspection is required and that the client should get a permit. I didn't go into law
We have done a lot of industrial/mill work. These guys oftentimes will make a structural renovation and not even call an engineer until it is complete and whatever piece of machinery they had to make changes for is up and running. They might call and say "Hey we cut out a column and want you to come see if we did it right." This has happened so many times in my career I could not count. We typically respond this way "Yes, we will come check it out, and we will also perform full structural inspection/design and prepare a set of permit plans for the renovation. If you have done something that creates a life safety concern we will have to shut you down." Normally, they do a plausible job, but there have been times where we had to shut down machinery or an entire building. Of course the biggest issue is moving a point load onto some piece of concrete we have no idea about (thickness, rebar etc and end up with some ugly retrofits).
RE: Contractor intends to skip permit process
That's different than the client telling you they're not going to apply for permits, prior to you doing work. Also, mills have to live with their own changes unlike contractors who only have to worry about it until the warranty runs out.
If a contractor isn't getting permits, its because they're cutting corners. If they're cutting corners, are they doing it on components of the work you specified? Do you have a construction inspection contract to check, or are you going to spend some of your own time checking to see if they're following your design at all?
RE: Contractor intends to skip permit process
RE: Contractor intends to skip permit process
A brief follow up to what wound up happening for us: we made it clear again that proper permits were required. Some time passed and we wound up not hearing much. Turns out, the contractor hired a locally notorious robo-stamper PE / expeditor guy. I let the contractor know how bad it could be, but the robo-stamper charges maybe 10% of what going rates should be (so like $500 for a $5,000 engineering fee). So anything we say falls on deaf ears.
If this sounds ridiculous to you, it should. It's all made a little special because the project is in NYC, where there is an easily abused "self-certification" process that essentially cuts the building inspector out of the permitting process.
We're just steering clear at this point. Our preliminary (DD) documents were pretty clearly marked "not for construction," and they were not stamped. We feel like it's not our problem at this point. Our office is too busy to be dealing with this nonsense.
RE: Contractor intends to skip permit process