Engineer & Builder Conflict

Joe1987 · 11-12-2018 2:51pm #1

Hi

What options are open to someone in a situation where the engineer & builder's working relationship no longer seems tenable? Blame is apportioned to both parties (engineer not responding to queries or not being contactable thus slowing up the build, builder deviating from drawings & spec within on occasion leading to a situation where engineer refuses to certify stage payment). Both parties are communicating through the client (my partner & I) & slating each others approach (not the quality of work). Its been hugely stressful caught square in the middle of all this & we are still at quite an early stage of the build - what realistic options are open to us to remedy the situation, i.e. changing engineer for example. Thanks!

seamus · 11-12-2018 3:06pm

Tbh, you're supposed to be the in the middle of it, you're the employer

Changing engineer or builder is overkill unless you're really, really stuck. The engineer is the one with the formal qualification and who's certification you need to draw down. So give his opinion more weight than the builder's unless you have good reason to doubt him.

You can get a new engineer, but remember that any new engineer will not have supervised the build thus far and might be reluctant to take it on.

Make a list of the sticking points, get everyone on site, go through them, discuss the options, and then make a decision. This is your build, the buck stops with you. The builder doesn't get to decide the approach, you do. If the builder has deviated off the plans without consulting you, then he has to correct what he's done at his own expense. If the engineer is slow to respond to queries, then you need to flag this with him; maybe he's ignoring the builder because he wants the queries to come via you and not directly from the builder.

Tefral · 11-12-2018 3:10pm

What form of contract have you signed with the builder?

You need to call a site meeting with all parties and draw a line under it asap. The longer you leave it the worse it will be and depending on the contract, any delays due to you (you personally and the design team - your Engineer and Architect) the builder can claim prelims and delay damages as a result.

the_syco · 11-12-2018 3:18pm

Joe1987 wrote: »

builder deviating from drawings & spec within on occasion leading to a situation where engineer refuses to certify stage payment

It sounds like your engineer is doing their job. What excuse did the builder give you when they deviated from drawings?

sydthebeat · 11-12-2018 4:00pm

Builder at fault....

if the engineers details were incorrect and he HAD to change the spec / design, then that should have been investigated and any changes agreed prior to teh builder doing anything.

Engineer is dead right not to certify works they didnt design or specify.

dusteeroads · 11-12-2018 4:06pm

Joe1987 wrote: »

i.e. changing engineer for example. Thanks!

Changing the builder - better example.

Joe1987 · 11-12-2018 4:14pm

Sorry I should clarify it was more deviated from materials to be used (e.g. lagan thermal block used in base rather than quinlite specified).

I had hoped that all our issues were behind us as we all met together for close on 3 hours about 3 weeks ago to iron out issues & speak about the build. Engineer stated clearly that we would have no issues so long as he was kept in the loop re the build & also on condition builder stuck to the tender doc & drawings. Builder for his part agreed but said he would have questions along the way (which to me seems reasonable) & that engineer would have to be more contactable.

In the time since, the builder has emailed & rang with 2-3 queries to which he has received no reply or call back from the engineer. I got in touch with the engineer myself last week & he had some choice words for me stating that he regretted ever taking on the build & that it was not worth his while. The drawings he said contained 95% of what the builder should need to know. By the end of the conversation he had apologized somewhat & said he would answer the builders queries in the next day or two. However, the builder is still waiting on a response as of today & this has delayed the build by a week at this point if not more. Again this would not be the first time this has happened.

It's still quite early in the build & it's been difficult caught up in the middle of this. To my (untrained) eye, I feel our engineer (who had been trying to steer us towards specific builders he is acquainted with) wants out as this is a job that requires more time & effort than he might have liked. My fear on the other hand is that we may lose our builder if this situation persists.

Any advice, thoughts or comments are welcomed!

the_syco · 11-12-2018 5:29pm

Joe1987 wrote: »

However, the builder is still waiting on a response as of today & this has delayed the build by a week at this point if not more. Again this would not be the first time this has happened.

Is the question answered in the drawings?

BryanF · 11-12-2018 6:55pm

If the builder deviates from the material specified - is he or you going to pay the
Engineer to review a different material?

ht9zni1gs28crp · 12-12-2018 11:13am

If the answer was always on the drawings then I can understand the Engineers point of view or rather point of exasperation after the tenth phone call....

Doop · 12-12-2018 11:25am

Who is managing the project? Sounds like no one? You need a structured approach to information requests (RFI's) and regular site meetings (weekly). The engineer is not generally at the builders beck and call.

BryanF · 12-12-2018 1:59pm

RTFS/D

Read the spec/drawings

If the info isn’t there then that’s another mater

ht9zni1gs28crp · 12-12-2018 3:00pm

BryanF wrote: »

RTFS/D

Made me chuckle! The amount of times you silently shout this phrase in your head

Engineer & Builder Conflict

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