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["Paul Feather" <pfeather(--nospam--at)SE-Solutions.net>]

Joe,

 

Kind of a tough spot to be in.  The additional 100 sq. ft of second floor area is minimal, very little impact.  However you did have to verify compatibility with existing load paths and re-arrange the existing path to some small extent.  Did you maintain a completely independent group of elements for the new addition on the first floor or tie to and justify connection to existing lateral elements?

 

To simply assume responsibility for the entire project for a fee would be a violation of the PE act.  Similar to plan stamping.  None of the work was prepared under your supervision or responsible charge.  A hold harmless agreement would be relatively meaningless, you cannot contractually agree to a violation of law.  The only way you can assume responsibility for the entire project is to review all the analysis and detailing, make any changes you feel are required, and satisfy yourself that the engineering for the original structure is adequate.  You must be willing to assume true responsibility for the project, or you cannot ethically state responsibility as the EOR.  You certainly cannot claim EOR status to the Building Authority on one hand and contractually negate EOR status with the client on the other.

 

I would determine a fee that will account for your time to provide a thorough review of the existing conditions and the additional liability you will assume as the EOR, make sure the client understands that there may in fact be additional changes that he will have to pay for if you deem they are necessary, and forget about the hold harmless provisions.  If the client sells the property any contractual agreement you had in place would be meaningless anyway.

 

 

 

 

Paul Feather PE, SE
pfeather(--nospam--at)SE-Solutions.net
www.SE-Solutions.net

----- Original Message -----

From: Jnapd(--nospam--at)aol.com

To: seaint(--nospam--at)seaint.org

Sent: Friday, March 12, 2004 5:14 PM

Subject: (no subject)

Hello All:

I want to get your opinions/thoughts on a project.

Original 6000 sq.ft. house with 500 sq.ft.  2nd floor.  completely framed and Inspected.

Owner decides to make changes.  Original Architect & Engineer are from out of the area (over 200 miles one way) and don't want to deal with changes or new site visits.

I was hired for the changes only since it was framed and passed inspection.
Changes are four new patio areas 2000 sq.ft. new 1000 sq.ft. room added at one corner and second floor enlarged to 600 sq. ft. Most of the floor framing was already in place.

Alterations are signed off for structural.   Now the city wants me to become the new EOR and be responsible for the whole project.  There reason was it did not achieve final inspection or occupancy.

The only reason I accept the job was because the framing inspection had been completed.


What might be your thoughts on new fee and holdharmless clause for me to require of  the owner.




Joe Venuti

Palm Springs,  CA