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January 31, 2010

HVAC and Plumbing Expert Witness, Russ Keeler -- What if Your Consulting Engineer Takes Liberties Interpreting Design/Build Specifications, and Those Liberties Cost You a Fortune?

Russ Keeler specializes in forensic investigations for HVAC & Plumbing cases, serving attorneys nationwide as a Plumbing & HVAC Expert Witness. Today's question, "How do you get paid when a consulting engineer screws up your Design/Build specification?"

by John Gaudio,

How do you and your client get paid if your consulting engineer screws up your Design/Build Specification?  You call Russ Keeler. :-)

 

"INTERPRETATION OF A DESIGN/BUILD SPECIFICATION

A few years ago, I was involved in a matter where a contractor hired an engineer to create plans and specifications based on a performance specification issued by an owner.  The documents created by the engineer were used by the contractor to prepare a bid (in this case a casino).  The performance specification was rather specific in terms of expected sound levels and temperature conditions in the various spaces.

The engineer developed bid documents, which the contractor then used to prepare his bid.  His bid price was low (by half) compared to the next bidder, and he was awarded the project.  Surprise, surprise, when the plans were reviewed by the concept engineer, they were rejected!  The contractor was forced to provide an installation that conformed to the performance specification.  As expected, the contractor sued the engineer for the difference in cost between the bid price and the cost to install the required installation.  It was my task to identify the areas where the engineer had taken liberties in the design.

The judge found for the contractor."

 

Have a question for Russ?  Please post a comment below to ask Russ Keeler a question, or contact him by telephone at 303-670-4430.

This is the fifth in a series of short collaborative posts about Russ Keeler.  Russ is learning about new media, blogging, Twitter, and getting the word out to lawyers in need of his services, while the rest of us to learn from Russ Keeler about Plumbing and HVAC, and the technical side of HVAC and Plumbing Litigation. 

Please visit the links below for more information.  Then check back for more expert advice from Russ Keeler.


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