Revision to letter / responsibility to report to city questions 2

[mbullism]

This is a "two-parter", and I'd welcome any input to either question or both-(sorry for the length)

We have a client that asked for a professional opinion regarding the integrity of a basement wall in a 3-family
apartment house. The following is the essence of the findings and recommendation in the report given to him. He had not specifically asked for a recommendation, only an evaluation. He wants the report revised to omit the recommendation.

"It is my opinion that due to the issues I have described, the right side wall of this building is structurally unstable. I believe it is in danger of caving inwards. Should that happen it could very easily cause significant structural damage to the right side wall that supports three
floors and the roof, and quite possibly the floors and roof themselves.

I would strongly recommend that the wall be removed and replaced with a structurally engineered wall capable of supporting all the loads imposed on it. I would further recommend that this be done right away, as the current
condition of the wall gives cause for concern that it could fail at any time. If it is not possible to replace the wall at this time, it should at the least be buttressed in a way that will prevent a cave in and provide support to the
structure that the wall supports."

The first question is: is it enough to state the failing condition alone? It was our opinion that the second paragraph was required to convey the imminent nature of our concerns...

The second question would be: since we have informed the owner of the building in writing that his property has an immediate concern, are we obligated to go further and report the condition of a privately owned building to the City Building Department? We're leaning this way since there are tenants and abutters that may not have access to our letter.

Again, I'd welcome any input- and thanks in advance.

MB

 

[IRstuff]

Seems to me that modification of "It is my opinion that due to the issues I have described, the right side wall of this building is structurally unstable and could fail at any time" in your first paragraph would sufficiently convey the immediacy of the danger, as that is, in fact, part of your opinion about the state of the structure. This would allow you to separate the recommendation without losing the imminent danger portion.

TTFN

FAQ731-376

 

[BJC]

Time for a lawyer. Your probably in over your head.

 

[Ron]

I agree with IRstuff's advice, but I also think you must go further. You have an obligation to the public (tenants and adjacent property owners) that transcends your obligation to your client. Tell your client that since you consider this to be an imminent danger issue and there is a danger to the public, you are obligated to report this to an "authority having jurisdiction" (typically your local building official).

Here is a responsibility rule that likely applies to you....

4.02: Responsibility
(1) Registrants shall hold paramount the safety, health and welfare of the public in the performance of their professional duties.

(2) (a) Registrants shall at all times recognize that their primary obligation is to protect the safety, health, property and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public may be endangered, they shall notify their employer or client and such other authority as may be appropriate.

(b) Registrants shall approve and seal only those design documents and surveys, reviewed or prepared by them, which are safe for public health, property and welfare in conformity with accepted engineering and land surveying standards.

(c) Registrants shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, or employer except as authorized or required by law.

(d) Registrants shall not permit the use of their name or firm name nor associate in business ventures with any person or firm which they may have reason to believe is engaging in fraudulent or dishonest business or professional practices.

(e) Registrants having knowledge of any alleged violation of 250 CMR 4.00 shall cooperate with the Board in furnishing such information or assistance as may be required

I would suggest you first have a conversation with your client telling him what you are obligated to do by state law...you have no choice.

Copy your letter to the building official to the general counsel of your state licensing board and to your attorney.

 

[patprimmer]

I think your report should state that there is a real risk to life and property and at least some effective reinforcement should be undertaken immediately.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

http://eng-tips.com/market.cfm

for site rules

 

[mbullism]

Thank you for the input... it's already been discussed with the client (reporting it to the city)...the obligation to the public was discussed "in house" due to the tenants and abutters before I posted this here...

My understanding is that it is being copied to the building official at this point-

M

 

[theCorkster]

"Trust, but verify" Ronald Reagan