Requirements to replace engineer of record 7

[EngineerofSteel]

A contractor approached me about taking a project which is already permitted. The project is a custom home, 6300 SF. The existing eor is "like a king" and has delayed the project for 18 months by being unavailable. The contractor and owner both want to fire him.

Q: Does the replacement engineer have to provide entirely new calculations, or merely review the previous engineer's work? (He has been paid in full.)

What are legal issues? What is the professional standard of courtesy in this?

Thanks, DD

 

[Taro]

What is your scope of work? Are you changing the design? Or is the house being built according to the original plans with you just providing construction administration or inspection?

 

[tsgrue]

.

My experience (and not necessarily others)...

I'm not sure on "code" type projects (buildings/facilities), but I've been "called in" on at least 6 projects where an engineer failed to perform adequately on site infrastructure projects. In each case the engineer was almost certainly working outside their area of expertise (water/sewer only engineer providing stormwater management services, structural only engineer providing on-site wastewater management services). Even when I "took over", I made the provision that the previous engineer was fully paid for all services (unless gross negligence was evident or at issue - which didn't seem to ever be the case, just that they thought they knew what to do and actually didn't). I also made sure the client tried to work it out with the engineer and maybe I could just provide technical assistance. I only took the project of that didn't work out.

I think the main issue is whether you feel (and are) competent in the required areas of practice. Engineers are licensed to protect the health, safety, and welfare of the public. Contractual issues generally fall outside this. Regardless, check with your licensing board if you have questions. Always remember (in my opinion - and law in some States): the general public is your first concern, then your client, then other professionals - but always with professional courtesy extended.

...I hope that is of some help.

.


tsgrue: site engineering, stormwater
management, landscape design, ecosystem
rehabilitation, mathematical simulation

http://hhwq.blogspot.com

 

[msquared48]

I was called in once to take over, but the previous EOR had removed himself as the client had not paid him. After consulting directly with the previous EOR, whom I know well, I took the assignment after completing the paperwork required by the City of Seattle. The client paid me UP FRONT for the services at the recommendation of the previous EOR. Needless to say, he also signed a contract that was pretty tight and restrictive.

All the City of Seattle required of me was a letter of introduction and a statement that I agreed to be the EOR. For this particular job which was a multi-story apartment over PT, I had designed the wood framing and was familiar with the PT design, so the move to the EOR was easier than what you describe.

Mike McCann
McCann Engineering

 

[EngineerofSteel]

Thank you for your replies.

I will speak with the previous engineer and perhaps he will treat the project differently. From my experience, I expect he will heat up his response time for a while, then backburner the project once again.

I am familiar with the project and residential design.

I think I will send a letter of introduction, as Msquared suggested.

 

[cvg]

whoever stamped and signed the approved plans is the EOR, regardless of any current agreement with the owner / developer. However, once you begin to make any changes to the plans you will start to assume responsability for those parts of the construction.

Your best bet (and similar to a project I am currently working on) is to be an independant consultant to the owner and allow / insist that the original engineer remain the engineer of record. You can still provide all the services that the developer requests to review plans, inspection, respond to rfi's, evaluate change orders etc. - however, the EOR would still be the one with the final say. By doing this, you will limit your liability and it remains with the original EOR as it should. If you can't get this arrangement to work, I would recommend to walk away from this high risk proposition.

 

[EddyC]

If the original EOR walked away from the project, there usually is some construction deficiency that the owner/contractor refused to address.

 

[EngineerofSteel]

The original EOR did not walk away. He is too busy to give the project timely attention. It took more than a year for this guy to provide 6 sheets of calcs. And now the owner cannot even receive a phone call. So, they want someone else.

Thanks, cvq for the recommendation.
-DD

 

[MiketheEngineer]

Best check with your state's Board of Engineers.... This is a sticky issue and varies from state to state.

Make sure you protect yourself and define exactly what you are respondsible for....

 

[EngineerofSteel]

Closure:

In the end, I did take this project. Once I looked at the plans, I saw the problem. There was never an engineer. The designer was an architect.

The building required some major reworking to comply.

The county agency did not accept a letter from the EOR. They required a letter signed by the owner stating that HE has changed the designer on the project.

Thanks again.

 

[BRGENG]

As miketheengineer said, this varies from state to state. Some state prohibit you from taking over a project. Others allow you to stamp next to the original seal and take over. Call the State Board before they call you.

 

[bimr]

Defintion of Engineer of Record:
Design Engineer: The engineer of record, responsible for the preparation of the project plans.

The EOR is simply the person responsible if there is a design defect.

Most states accept that the EOR can be an architect, especially on residential construction.

WAC 246-359-060
Architect or engineer of record and plan submittal responsibilities.

(1) The department will require construction documents to be prepared by an architect or engineer under:

(a) WAC 246-359-600, alternate construction;

(b) WAC 246-359-710, installation requirements for factory assembled structures;

(c) WAC 246-359-720, installation requirements for manufactured homes.

(2) The applicant must provide the name of the architect or engineer of record on the construction permit application.

(3) The applicant is responsible to notify the department, in writing, when the architect or engineer of record changes or is no longer able to review and coordinate all the necessary submittal documents for compatibility with the design of the building.