Browse Forums General Discussion 1 Mar 18, 2016 4:04 pm We have had an independent engineer assess our home build. The outcome of this independent assessment is that the original engineers design plans were not inline with standards and also materials recommended to be used in the construction have not been available for greater than 6yrs. The builder is also in question for not questioning the engineer about the materials being recommended. My question is , what course of action do we have against the engineer given his plans (which the builder built to) do not meet the standards and according to the expert witness engineer the structure needs to be demolished. When we engaged the engineer he was registered with the institute of engineers Thanks in advance for your advice Re: Accountability of Structural Engineer 3Mar 18, 2016 7:35 pm Thanks. Yes we already have a lawyer involved in the initial stages as the engineer is not responding to our requests for answers. I'm interested to hear what avenues others have taken. Re: Accountability of Structural Engineer 4Mar 19, 2016 7:19 am chica We have had an independent engineer assess our home build. The outcome of this independent assessment is that the original engineers design plans were not inline with standards and also materials recommended to be used in the construction have not been available for greater than 6yrs. The builder is also in question for not questioning the engineer about the materials being recommended. Specifics...We still use concrete, steel, timber and masonry and the codes don't change that often, what materials? chica My question is , what course of action do we have against the engineer given his plans (which the builder built to) do not meet the standards and according to the expert witness engineer the structure needs to be demolished. When we engaged the engineer he was registered with the institute of engineers Thanks in advance for your advice It will be one engineers opinion against another as to whether it has to be demolished Again specifics, photos, proofs this is what the courts will look into? My professional advise is to look for an engineered solution or it might be a lawyers feast at your expense as engineers are covered by their insurance Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Accountability of Structural Engineer 5Mar 19, 2016 10:07 am What state are you in? It will most likely be a legal issue at a state legislation level. If you're in Queensland you can contact the Board of Professional Engineers Queensland http://www.bpeq.qld.gov.au/ this is the body that governs the (mandatory) registration of professional engineers in Qld. Other states may have something similar although Queensland, as far as I am aware, is the only state in which it is a legal requirement for professional engineers to be registered. You can make a professional misconduct complaint to Engineers Australia (the representative body for professional engineers in Australia). This might get them de-registered and would obviously help your case if used in evidence in any legal scenario, but it won't fix your problem. You might also want to get another professional engineer's opinion as well. 2 against 1 is much better than 1 against 1. https://www.engineersaustralia.org.au/a ... al-conduct Professional Engineers have what's called Professional Indemnity insurance, because occasionally we all make mistakes. Basically, this insures the engineer/firm against malpractice or negligence claims made against them. You should have your lawyer send them a letter notifying them that you intend on claiming against them. This letter would need to be fairly specific so it shows you mean business. Generally as part of the PI insurance terms, the engineer will have to notify their insurer that they have received this letter and there is a possibility of a claim against them. What happens from there is in the hands of the lawyers and insurer basically, within the bounds of law. All I'd say is make damn sure that you've got a strong case (hence the suggestion to get a second opinion) because lawyers charge twice the hourly rate of what engineers charge, and the only ones who'll win in a long drawn out legal case are the lawyers. Get your engineering evidence clear, concise and absolute. Make sure your two engineers make it clear precisely which parts of the design don't comply with which standard (citing clauses for everything). If it's something vague like "this material is not good in my opinion", it will get laughed at. The engineer can only report what they can prove. Get reports from at least two independent registered professional engineers, and if everything stacks up the engineer's insurer will settle out of court before anyone has to spend tens of thousands of dollars on lawyers Building Services Engineer Renovating our 1960's modernist home in Brisbane https://forum.homeone.com.au/viewtopic.php?f=53&t=82091 Re: Accountability of Structural Engineer 6Mar 19, 2016 11:28 am chica Thanks. Yes we already have a lawyer involved in the initial stages as the engineer is not responding to our requests for answers. I'm interested to hear what avenues others have taken. LOL Avenues..Don't give the lawyer any money until you are absolutely positively certain that it won't be a long drawn out costly process and you get stuck with legal fees.All Too often I have seen things go pear shape after the initial stage consultation. If you are a punter its goes from (in the bag) 100% to 50-50 chance in a blink and the initial clients fighting/sinking fund is evaporating fast. If the first engineer is ignoring you I would say it sounds like he's got nothing to loose? Your second engineer can issue non-compliance, not fit for purpose, Imminent structural collapse certificates..so which is It? Lawyers are happy to go after anything provided others are paying..litmus test, if its a sure thing offer the lawyer, pro-bono? Damages? a success fee?...negotiate and sound him out Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs 3 6414 The engineering is the engineering. It's irrelevant how much material you have. Unless it fits the requirements of your design the engineer can't "make"it work. You might… 7 9693 |