Monday, July 23, 2007

RE: responsibility to retrofit existing structure during renovation

It is not your responsibility to retrofit the existing
building. This is a decision that needs to be made by
the Owner.

All you can do is notify the Owner of the issue and
make your recommendations. You have an obligation to
give him all of the facts and not just those that are
consistent with your recommendations. If he decides
to do nothing and you are not breaking a law or
dealing with a situation that is clearly unsafe then
it is his call. You could resign as engineer of
record but if the issue is not black and white you
might find yourself being sued.

If the problem is an eminent hazard or there is some
violation of the law, then consult with your attorney
and notify the building official.

As professionals the only thing we are responsible for
is our recommendations and our instruments of service.
We do not have the authority to do anything else.

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