Disassociating Yourself from a Project
Disassociating Yourself from a Project
(OP)
In an earlier thread (http://www.eng-tips.com/viewthread.cfm?qid=423280) I described a situation where the contractor did not construct a foundation for a metal building in accordance with the drawings that I had provided to him and the owner. The contractor left out a key element that impacts the design and rather than repair what has been done the owner has decided to take the contractor's word that there will never be any issues with the foundation. This is after I had fully explained to the owner why the missing element is important. I've told the owner that I will be sending him and the local building official a letter stating that I am removing myself from all aspects of the construction of this project, that the project wasn't constructed in accordance with my plans and that I will not accept any responsibility for the foundation's ability to perform satisfactorily, and that I recommend that he hire a P.E. or qualified design professional to provide a remediation plan to correct all deficiencies.
I'm thinking I should keep the letter short and not list the issues with the construction (just in case I miss one). Also not include an engineering explanation on the design or the possible effects that may result due to the missing element. Does this sound like the right thing to do?
Other than what I mentioned, any suggestions on what should or should not be included in the letter? I am planning on sending both letters via certified mail.
I'm thinking I should keep the letter short and not list the issues with the construction (just in case I miss one). Also not include an engineering explanation on the design or the possible effects that may result due to the missing element. Does this sound like the right thing to do?
Other than what I mentioned, any suggestions on what should or should not be included in the letter? I am planning on sending both letters via certified mail.






RE: Disassociating Yourself from a Project
I'd list anything and everything that is a life/safety issue that needs to be addressed. Not only would I notify the owners, local building code people, contractor, etc......I would also get your company's attorneys involved (or one that you routinely lean on for advice).
I haven't looked at the other thread so I don't know what the issue is.....but if it is something that can result in a catastrophic failure at some point.....you need to get it on record (ASAP) that construction blew it.
RE: Disassociating Yourself from a Project
Mike McCann, PE, SE (WA)
RE: Disassociating Yourself from a Project
RE: Disassociating Yourself from a Project
should you copy the local planning/inspection department ?
another day in paradise, or is paradise one day closer ?
RE: Disassociating Yourself from a Project
My gut instinct is that the letter should probably contain at least some description of the construction problem. Otherwise, I could see the local building official asking you for at least a few specifics, just to get an idea of whether you're overreacting (I know you are not, but don't know how the building official will react). And in the worst-case future event that there is a problem, I believe having listed a few specifics would further help exonerate yourself from responsibility.
If you're concerned about your letter accidentally missing an issue, you could include lots of phrases such as "including, but not necessarily limited to . . ."
But I'm also interested to hear from others who have been down a similar road.
RE: Disassociating Yourself from a Project
Maybe add - "If the superstructure is erected on this foundation, failure may be sudden and imminent." and "if appropriate corrections are made and observed by me, I will provide additional correspondence to that effect to you in writing."
Copy everyone and go to lunch. I don't consider this removing yourself as EOR. You are letting people know this isn't the building that you are on the record for.
RE: Disassociating Yourself from a Project
I have been there before, but with a different type of project.
Mike McCann, PE, SE (WA)
RE: Disassociating Yourself from a Project
https://www.thebalance.com/non-conformance-report-...
http://www.qualityinconstruction.com/2-main-catego...
RE: Disassociating Yourself from a Project
Your letter should be short and should include the main issue with the work done to date, namely the omission of required tie rods between foundations.
BA
RE: Disassociating Yourself from a Project
Technically, by ignoring your plans and doing something different without your approval, both the owner and contractor are engaging in the practice of structural engineering and could be censured by your state board if they are not licensed professional or structural engineers.
I would consider also writing your State Board in a separate letter with your letter removing yourself as the EOR attached. Send a copy of the letter to the State Board to the contractor and owner too.
The response should be interesting.
Mike McCann, PE, SE (WA)
RE: Disassociating Yourself from a Project