Client Changed Report
Client Changed Report
(OP)
My firm conducted a structural inspection of a multifamily residence up for sale. I stamped the 9 page report with my Registered Professional Structural Engineer's stamp and signed and dated it. We got a call from a prospective buyer inquiring about the 2 page report! Apparently the client proceeded to clip and paste and delete sections of my stamped report because she did not want the prospective buyer to read certain things that we pointed out as requiring attention. One area that she omitted was a dangerously deteriorated elevated concrete slab over a garage that serves as an entrance to the building. We told her to caution tape it off immediately. Apparently she taped it off, took some pictures of it to send to us, then took the tape down. Is there any way to prosecute someone for revising a report stamped by a registered professional engineer? What would you do?






RE: Client Changed Report
The client isn't a licensed engineer so a report to the engineering board of your state may not have any wings.
The client practiced unethical behavior and it appears to be tantamount to deceptive business practices.
A few things I might do (after consulting with my attorney and/or prof. insurance agent):
1. Write a letter directly to the client immediately outlining your concern over their dishonest attempts to alter the content of your professional report. Request that your client cease and desist from further publishing your report to others in any form other than the original content.
2. You can offer to meet with your client to discuss the report and what possibly could be altered, edited, or trimmed to better meet their needs while still preserving your ability to perform engineering services in an ethical, and public welfare orientation.
3. Notify the Better Business Bureau of your clients shenanigans.
4. Notify the city (or whatever the local inspection authority is) of the concerns and issues with the property.
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RE: Client Changed Report
RE: Client Changed Report
Who was your client? Who did the clipping / editing? If it was a real estate agent or broker, then report them to their board as they should not be allowed to practice after such shenanigans. Not sure what to do if it was the owner of the property. Certainly they are committing fraud against the prospective buyers. JAE's options seem reasonable. And, you should at least document your attempts to correct the situation in case you are ever dragged into a lawsuit on the subject. Also, I wonder if the Board of Engineers may have a suggestion for you. Maybe filing a charge against them for practicing engineering without a license or something along those lines.
RE: Client Changed Report
That's just for starters. If you have access to a lawyer, have them draft up a cease and desist letter. By altering your report, they have damaged your reputation and business, and that's a big lawsuit.
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
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RE: Client Changed Report
Notifying the engineering board will also help protect you in the future if the 2 page report resurfaces down the road. They also will likely have some other good suggestions.
RE: Client Changed Report
Dik
RE: Client Changed Report
RE: Client Changed Report
Just wanted to bring up (and prepare you for) that possibility. You wouldn't believe the things people claim in court. (Or on the streets. Just watch the show 'Cops'.)
RE: Client Changed Report
RE: Client Changed Report
Professional Engineer (ME, NH, MA) Structural Engineer (IL)
American Concrete Industries
https://www.facebook.com/AmericanConcrete/
RE: Client Changed Report
The only other option I see that you have is calling the city and explaining your situation. They may be able to issue a code enforcement violation for an unsafe structure or similar and I believe this would stop a sale or at least let the whole world know whats going on. Without putting a lien on the property(dont know if you can do this if you got paid) or suing the owner Im not sure what other options you have. I bet the buyers bank or the sellers bank wouldn't like this situation either and if you can let it be known to them that might stir the pot up too.
Im interested to see how this turns out, let us know. Good Luck!
RE: Client Changed Report
RE: Client Changed Report
Since the client apparently *literally* cut and pasted the report back together I'm not sure that would have prevented this; correction fluid could have been applied. But, I'll agree that numbering the pages in that manner would have provided additional evidence of intent.
RE: Client Changed Report
Most states have disclosure laws for real estate transactions that require the seller to disclose items like this to the buyer. This isn't just an engineering problem if they're removing them from the report and not disclosing them anywhere else. If the realtor is aware of or complicit in this, their license could be in jeopardy and an eventual buyer could go after them for this.
RE: Client Changed Report
As IRstuff noted, changing an engineering report might constitute a violation of state laws and rules for engineers. Report it assuming it is so......let the board figure it out...but you have an obligation
In any case, since you know of such fraud, you must report it....start with your board, consider the real estate board also.
RE: Client Changed Report
Situation is disturbing to say the least.
RE: Client Changed Report
RE: Client Changed Report
Make sure you get a copy of the doctored letter if possible. Preferably thru email so you have proof who sent it to you.
RE: Client Changed Report
I was once called by a lawyer who was representing the victims of an auto accident, to which I was a witness. The lawyer's rude talk almost put me off, but I had sympathy for the victims, and it came as no surprise that the only lawyer they could afford was a slimy one. I volunteered to write my witness testimony in a letter and send it to him. When I wrote the letter, I made sure to state, first, that I had included a copy for the family of the accident victim and specified that the second copy must be provided to them, by name. A few weeks later, a member of the family phoned me to thank me and commend me on my thorough account. Not only for all the detail I wrote, but also in numbering the pages "1 of 9" and so on, because that's the only way she would have known that the slimy lawyer didn't give her the whole document. Now that she had established contact directly with me, I was able to send her a complete copy of my testimony, and, of course, talk much more and answer more of her questions.
STF