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Engineering Study Final Report 5

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tctctraining

Electrical
Nov 17, 2008
118
I hired a consultant company to perform an engineering study for me.
When he submitted the report, he also included this line with his email.
"If there are any changes made to these reports or study files, X, Y, and myself must be notified of the changes."

Am I really obligated to this?
I want to edit, make additional comments to the report and then send it to the customer.

 
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Well, it depends. What was your statement of work to the consultant, and did it clearly say you would submit the material to a 3rd party? I can only conjecture what the report said, but lets suppose that the originators had some proprietary data that they were willing to share with you, but not, say, a competitor. If you then turn around and share it with that competitor and do not tell them...that would be pretty low.

Another case, if they did a safety study, and you took it, modified some findings, and then submitted it as your own calculations, they would be very worried about liability and the safety issues you glossed over.

On the other hand, if you paid them for work that did not involve their proprietary information, but just was "data collection" that many other firms could have done, then I would feel more like it was my data study to do like as I pleased.

Why are you afraid of contacting them to discuss?


Maguffin Microwave wireless design consulting
 
If I stamp the report, then I assume all responsibility that comes with it.
I paid them to do the work for me and I own the document, if I take their name out of the report and submit it with my name on it, they shouldn't have any concerns about this.

I just don't want to discuss a non-sense with some one who doesn't understand it.
 
"if I take their name out of the report and submit it with my name on it, they shouldn't have any concerns about this."
Maby they won't have any concerns about it but you should. You could loose your license, face a civil action and if misuse of the report or information theirin casuses someone to be injured you could face criminal action.

 
Wowm changing the na,es? Taking credit for others work as your own?

"I just don't want to discuss a non-sense with some one who doesn't understand it. "

Umm, so if you understand it so well why did you sub the work out? I sure hope this was not an arc flash study.
 
If I stamp the report, then I assume all responsibility that comes with it.

With a PE stamp? Didn't they tell you not to approve work others performed?

It's too bad that hiding behind a message board user name you can'd get reported for making statements like that.
 
" With a PE stamp? Didn't they tell you not to approve work others performed?It's too bad that hiding behind a message board user name you can'd get reported for making statements like that."
If you experienced enough, you would know that you can stamp someone else repor. This happens all the time.

That case , you will be fully responsible for the work performed. It seems you need to pass the exams again.

My question is: If a thir part consultant prepares an engineering report, and I need to modify it, I am obligated to let them know?
considering the fact that I'll be stamping it.


 
"If you experienced enough, you would know that you can stamp someone else repor. This happens all the time."

IF you were experienced enough you know that's not true and you could probably spell as well.
Try telling your stete board all this. You'll learn something, they'll have a good laugh.

 
You can stamp the work of a subordinate who is working under your direct supervision and direction. In which case the subordinate does not have the final say. This normally means your employee or employee of the same company.

An independent consultant does NOT fit that category. You may also want to read the contract between you and your 'consultant', if it exists.

Rafiq Bulsara
 
"What the hell ever happened to common courtesy."
It's hiding out with common sense.
 
tctctraining,
Why not just ask your consultant to consider making the changes you want? If the consultant agrees, then there should not be a problem. If the consultant disagrees and explains why not, then what you want may not be reasonable or correct.

 
"If there are any changes made to these reports or study files, X, Y, and myself must be notified of the changes."


All they are asking for is notification ... not for permission, nor even the reasons for the changes. Why are you so troubled about doing that? My take is that you know what you are doing is unethical and/or wrong.
 
BJC, PEinc and CorBlimeyLimey thanks for all your inputs.

The fact behind this is that I asked the consultant to submit the software modeling fie and the word document of the report.

 
If you experienced enough, you would know that you can stamp someone else repor. This happens all the time.

Lets make a deal. You post your personal details and the project details. I'll contact the board for you (PEO maybe?). We can let them decide.

I wish others would not answer your question. You are planning on doing something unethical and illegal.

Are you also going to remove the consultant's PE stamp, along with their other information?
 
Realizing that you are in Canada, and that some of the comments (including my own) are being made by engineers in the US, you need to closely check your licensing law. In my experience (I was once a partner with a Canadian engineering firm), the laws are not vastly different in this subject area.

You should also note that just because you paid the consultant for the study does not mean that you own the documents. In fact, in most cases you would certainly not own the documents. We do not give up ownership of our documents.

Next, you required the consultant to provide the report on changeable media. That's a no-no. This is where you need to check your law, because you might both be in violation...you for requiring it as an engineer, and the consultant for providing it.

Further, you typically cannot sign/seal a document unless it was prepared under your direct supervision. It doesn't sound like that's the case.

Your case is skirting with both legal and ethical concerns. You seem to have a controlling, cavalier attitude about it that could get you into some legal and ethical problems. Check your law closely...good luck.
 
What goes around comes around. You will slip up sometime and have pay the price with your license if you do not practice engineering ethically. Knowing though that you do not want to hear it, it's your problem.

I have revised and stamped someone elses plans in the past, but with the full knowledge and written consent of the other engineer. In fact, he asked me to do it. It's only common courtesy, and basic ethics.

Review your ethics rules.

Mike McCann
MMC Engineering
Motto: KISS
Motivation: Don't ask
 
tctctraining said:
The fact behind this is that I asked the consultant to submit the software modeling fie and the word document of the report.

Why? So you can change what your consultant submitted? What consultant would allow that?

If you must add comments, do it in an addendum. As soon as you change the consultant's report, it is no longer valid.

I ran this thread by a relative who is an engineer at Health Canada. He finds this disturbing.
 
I guess my original post never cleared the tower...

I just wondered if tctc works for BP... ;-)

Dan - Owner
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