dbuzz,
From a purely technical point of view I agree with you, however, from a legal point of view, you leave yourself open to a line of questioning in which you will have to admit that according to your calculations, you have exceeded the allowable stress.
That’s what the jury will hear and you will have lost a great deal of credibility with the jury.
I know that when I am designing some structure or another, I typically use conservative but easily applied loads to reduce computation time.
When my results show members exceeding the allowable stress, if I don't want to increase the member size, then I go back in and rework the loads into a more precise configuration.
I am not suggesting you have to increase the member size, I am just saying you should run another iteration with your loads more precisely located so the results do not show any overstressed members.
Of course I don't design to the gnat's eyelash, so I usually have room to get the member stress below the allowable limit.
I just like to keep my calculations clean. During an AISC seminar I atteded, I heard that recommendation given, and so I am just passing it along to all who read this post.
Regards,
JPJ