Can an engineer’s report be challenged?

UPDATED: Aug 10, 2011

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Can an engineer’s report be challenged?

In a condo association, 41 decks were replaced. Some owners questioned installation, including cupping of planks. An engineer was hired to inspect the decks. He saw 2 of the 41 decks and submitted a report that indicated that there is only 1 way to install planks which has been disputed by the contractor and wood supplier. Engineer did not support his statement with any documentation. The condo assoc is looking for guidelines if deck repairs/replacements are necessary however, with conflicting information it is stymied. Should engineer report be challenged and clarified?

Asked on August 10, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there are problems with decking at the complex where you reside necessitating considerations for possible replacement or repairs where an engineer was retained to review the problem deck, created a written report with recommendations, did not inspect and forty-one of the decks, and came up with with only one solution to the problem, his or her report should be questioned and scrutinized.

The easiest way is to have the association retain another engineer to review the conditions of the forty-one decks and write a report concerning his or her opinions with suggested recommendations and compare the two engineering reports with feedback from the contractor, wood supplier and any other expert retained for the project.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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