I am purchasing a wood foundation home and there is a structural engineer's wood report on the home. The report states that the home is ascertained to last another 15 years with regular maintenance. If this structure fails before then would the engineer be liable?
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Liability issues
- Thread starter canucks14
- Start date
Depends on the reason for failure. Did he use the word "ascertain"? Did he guarantee the work of the Contractor? Did he define "regular maintenance"?
I would not rely on such an assertion. You don't know whether he will still be around in 15 years and, if he is, whether he has deep enough pockets to honor his liability. I would interpret his report to say that he believes the house will last at least fifteen years in the absence of any unusual event such as flooding or similar change in the soil regime.
BA
I would not rely on such an assertion. You don't know whether he will still be around in 15 years and, if he is, whether he has deep enough pockets to honor his liability. I would interpret his report to say that he believes the house will last at least fifteen years in the absence of any unusual event such as flooding or similar change in the soil regime.
BA
msquared48
Structural
The engineer should have included a disclaimer in the report limiting his liability here on many facets. Just get insurance on the property as the engineer, unless he has Professional Liability insurance, does not have deep pockets if that is all you are worried about. If you must purchase this structure, just do your due diligence and do the maintenance. Even with that, nature WILL take its course here.
Although it is purported to work in many areas, I would never use or buy a structure with a wood foundation. But I am from the Pacific Northwest and always have wet feet.
Mike McCann
MMC Engineering
Although it is purported to work in many areas, I would never use or buy a structure with a wood foundation. But I am from the Pacific Northwest and always have wet feet.
Mike McCann
MMC Engineering
darthsoilsguy2
Geotechnical
You'll get a different response from Lawyer-tips.com ![[roll1]](/data/assets/smilies/roll1.gif "[roll1] [roll1]")
(j/k not a real site)
I suppose you are not trying to finance this with a 30-yr mortgage. 15 years with regular maintenance.... Jeez. i've had cars with rosier outlooks.
I would seriously go back to the engineer and ask what reasons are there for the structure not having 50 years left with "regular maintenance".
(j/k not a real site)
I suppose you are not trying to finance this with a 30-yr mortgage. 15 years with regular maintenance.... Jeez. i've had cars with rosier outlooks.
I would seriously go back to the engineer and ask what reasons are there for the structure not having 50 years left with "regular maintenance".
Doesn't sound like a great report.
As JAE noted, it is an opinion not a guarantee or warranty. I gather from your handle you are in Canada. BAretired, dik or ajk1 can give better advice on the legal ramifications to a P.Eng. than those of us who practice in the US or other locations.
Having said that, I'm not shy about offering my $0.02 worth....
Most jurisdictions in the US and Canada put limitations on how long an engineer's liability can last for DESIGN services. Most do not address the limitation on one's reliance on statements or opinions made by an engineer. In the absence of further directive from a statutory source or legal precedent, the engineer possibly defined his own time limitation with the 15 years comment. That's a long time to be liable for something as fickle as a construction material.
I agree with Mike...wouldn't buy a structure with a wood foundation and wouldn't recommend it either.
Further, even with disclosure, inspection, structural warranties and the like, a real estate purchase is effectively "caveat emptor"!
As JAE noted, it is an opinion not a guarantee or warranty. I gather from your handle you are in Canada. BAretired, dik or ajk1 can give better advice on the legal ramifications to a P.Eng. than those of us who practice in the US or other locations.
Having said that, I'm not shy about offering my $0.02 worth....
Most jurisdictions in the US and Canada put limitations on how long an engineer's liability can last for DESIGN services. Most do not address the limitation on one's reliance on statements or opinions made by an engineer. In the absence of further directive from a statutory source or legal precedent, the engineer possibly defined his own time limitation with the 15 years comment. That's a long time to be liable for something as fickle as a construction material.
I agree with Mike...wouldn't buy a structure with a wood foundation and wouldn't recommend it either.
Further, even with disclosure, inspection, structural warranties and the like, a real estate purchase is effectively "caveat emptor"!
- Thread starter
- #8
I'm with the others - wood foundation, RUN AWAY! RUN AWAY!
I would bet in the fine print he said "it is my experience with similar structures in this area that this foundation MAY be ANTICIPATED to last an additional 15 years".
If the house is a fantastic deal, and there is room in the budget, what about jacking it up and putting it on a proper foundation?
I would bet in the fine print he said "it is my experience with similar structures in this area that this foundation MAY be ANTICIPATED to last an additional 15 years".
If the house is a fantastic deal, and there is room in the budget, what about jacking it up and putting it on a proper foundation?
canucks14,
If an engineer claims a house will last fifteen years "with regular maintenance" I would consider the possibility of sarcasm. My house is almost a century old. Is sarcasm professional?
I would also assume zero liability if the thing fails at sixteen years.
--
JHG
If an engineer claims a house will last fifteen years "with regular maintenance" I would consider the possibility of sarcasm. My house is almost a century old. Is sarcasm professional?
I would also assume zero liability if the thing fails at sixteen years.
--
JHG
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