Can an associate engineer sign off - BRAC?

Hannaho

Hi! Sorry for all these questions re my sister's building project - but she is hugely upset.

As previous post - builder/electrician had been found in breach of over 20 issues in regard to RECI regulation and safety.

Builder won't give details of what materials went into the property. Engineer who supervised won't give these details. Complaint gone to IEI.

Engineer who supervised the project is an associate engineer, and our cousin, who is an elderly retired engineer, says that under the new building regulations, associate engineers cannot sign off on new extensions. Further, he says that we cannot occupy the house, unless my sis has a Cert of Compliance with new Building Control Regulations - is this true?

The Cert of Compliance has been paid for, the Associate Engineer and builder won't give details? What to do? My sister's solicitor has said that unless he gets confirmation that my sister's engineer will hand over details of all materials used in the building, and certs for same, incl Cert of Compliance, and agree to waive his cost for retention - his mistake re planning, my sis will employ a chartered engineer to gain compliance and will fix him with the costs associated with same. What can she do. She's so upset - the associate engineer costed 13k for plans, supervision, compliance etc. but now won't do it. He says he holds professional indemnity to sign off, but she doesn't believe anything he says now - will a Chartered Engineer be able to get compliance - what if the builder won't give him the details of materials supplied?

Gumbo

Yes, short answer is that they can once they have the require PI Insurance in place.

Your cousin is very much mistaking and is not 100% clued up on the new building regulations (BCAR).

The trouble here is that not many guys will take on the job as it has already been completed, and they will be left blue in the face chasing the builder for certificates. I've been there, done that, particularly in one occasion where it later turned out that the home owner and builder had a cash deal so the builder didn't keep any paperwork. It was impossible to certify glazing etc afterwards, I had to walk away tbh.

I have a feeling here that it may have to go fully legal, as in bringing contractor to court. Maybe he is withholding the certs from the engineer?

Hannaho

Thanks for your reply agin. Yes, our cousin probably isn't, and I think he likes to dramatise things - he's been a batchelor all his life - and, awful as it sounds, I think he likes to stoke up things, but my sis is very vulnerable - had cancer about two years ago - and since then, everything easily gets on top of her now. I've had my own building works and I know they can be stressful.

Gumbo

Hannaho wrote: »

Thanks for your reply agin. Yes, our cousin probably isn't, and I think he likes to dramatise things - he's been a batchelor all his life - and, awful as it sounds, I think he likes to stoke up things, but my sis is very vulnerable - had cancer about two years ago - and since then, everything easily gets on top of her now. I've had my own building works and I know they can be stressful.

Did your sister have an official agreement with the builder?
Is this in writing?

Have you had a professional survey so that you can quantify what the remedial works will cost?

Then you can go legal looking for the repairs or the costs to repair iirc

Bottom line, I think your sister will need to go engage someone professional and independent to act on her behalf and prepare coatings to repair the damage done.

Johnnyhpipe

He can sign it once he has PI. (Get a copy of this)

Of course you can live in the house without a piece of paper to say that the works meet the regs.

Hannaho

Yes, she had an written agreement with the builder. I know what you say about an independent and professional person to supervise - I think we've both lost faith in someone being professional and independent - feels like we're both caught in the headlights with it - maybe a chartered engineer to supervise? But I think she would need a recommendation by a few people. Thanks again.

Gumbo

Hannaho wrote: »

Yes, she had an written agreement with the builder. I know what you say about an independent and professional person to supervise - I think we've both lost faith in someone being professional and independent - feels like we're both caught in the headlights with it - maybe a chartered engineer to supervise? But I think she would need a recommendation by a few people. Thanks again.

A chartered engineer will be independent, what I mean is that you engage someone, don't let the builder use their engineer like you have in the past.

A good building surveyor could also work here but the trouble will be getting the required documentation from the previous builder.

Gumbo

Johnnyhpipe wrote: »

Of course you can live in the house without a piece of paper to say that the works meet the regs.

I think the OP is basing this off the new BCAR rules and not been able to occupy the building without a certificate of completion from the LA. This is true for large projects, multiple housing units and commercial stuff with fire certs etc

Hannaho

Hi! Kceire, thanks again for replies. So what happens if the new chartered engineer doesn't get the documentation from the builder - the builder was on a tender list via engineer - does that mean we can't get a Cert of Compliance? How can builders get away with this? Is going legal then the only option - who pays all the costs? Will it be possible to get the certs if she goes to the cost of legal route? It would be terrible to think even if we went the legal route, we wouldn't be able to get the Certs.

Gumbo

Hannaho wrote: »

Hi! Kceire, thanks again for replies. So what happens if the new chartered engineer doesn't get the documentation from the builder - the builder was on a tender list via engineer - does that mean we can't get a Cert of Compliance? How can builders get away with this? Is going legal then the only option - who pays all the costs? Will it be possible to get the certs if she goes to the cost of legal route? It would be terrible to think even if we went the legal route, we wouldn't be able to get the Certs.

Put it this way. If I, for example went in there now and I had no access to the cert for the stone fill, how to certify foundations under Part A. How will I see of the foundations are adequate?

What radon barrier was used? What DPM was used. Part C issues. How can I certify part C if I don't know what was used?

What's insulations was used? Who supplied it?

It will be tough.
Your sister has to bear initial costs and if she wins don't they usually award costs too? Getting he. Indy might be a bigger issue?

As i said many times throughout your various threads, your questions won't be answered fully on boards.ie. you need to engage someone Independant to see what's happening on site and act on your behalf in my opinion.