What is an Engineer of Record and Do You Need One? Maybe…..

engineer of record

When I contribute to SOLID Steel Building’s blog sometimes I am highly technical, sharing clear Industry Best Practices and sometimes I am simply writing from my personal perspective and experiences in the Custom-Engineered Steel Building Industry.  This post is going to be a clear “In My Opinion” type of blog.

I recently sold a job to a client who had won a bid to build multiple training facilities for a highly visible Government Agency.  I was ecstatic when I was awarded the bid because this job was a big deal.  This bid will lead to many more jobs after my company and I prove our capabilities, expertise, quality and performance in the field. I was nervous when the PO was with my Legal Department and going through a couple of rounds of “red lines”, but after both parties did their equal share of compromising, we “closed” the deal.  In the end, I had nothing to be nervous about because my CEO and COO had it all taken care of.  I enjoy every time I am reminded that I am working for the “Right” company.

Anyways, so here we were, the deal was closed and we’d engineered the Foundation Plans and the Building’s stamped drawings.  The County’s Building Department had approved the engineered Foundation Plan done by SOLID Steel Foundations and we had completed the foundation per the Stamped Drawings and Contract.  Stage 1, perfection!

Stage 2- The building was delivered on-site and SOLID Steel Construction employees unloaded the building, inventoried the components, and were ready to start building.  Since the County had already approved the structure, we were cleared to start erecting.  Over the next several weeks, all went according to plan with the build and I was so pleased with myself, with my boss, and with all the departments within the SOLID Steel Corporation.  Stage 2, perfection!

Let me go back for a minute; with most Government jobs the payday comes when the job is completed.  For a company like SOLID Steel Buildings to be awarded a Government job the Company has to front all materials and labor.  SOLID Steel had to have the funds to “float” the costs for 30-90 days after the work was complete.  This is the standard for almost all Government funded bids.

Stage 3-Payday.  Well, guess what?  The Engineer of Record (EOR) for the job would not put his stamp and signature on the Building’s Envelope because he did not employ SOLID Steel himself.  We were hired by the General Contractor directly.

So what, who cares if he won’t stamp the final envelope, right?  We already had the County’s Approval and Permit to build and the work was completed to everyone’s satisfaction.  And when I say “to everyone’s satisfaction”, I am committing a gross understatement.  The End Users loved us!  They loved their new facilities and the work the G.C. executed with his crew and the expertise of his subcontractors.  Why would we need the Engineer of Record to sign off?  We needed him to sign off to get paid per the bid package.

This led me personally down a long road of extensive research as to what really is an Engineer of Record?  What is the EOR’s job description?  Can he just refuse to sign off on a Specialty Component like an Engineered, Steel Building?  Why is the EOR refusing to sign off in the first place?  I had so many questions.  I had to find a way to resolve this so that SOLID Steel could get paid.

Once again, I reiterate my disclaimer that what I am about to say is just a synopsis using my own verbiage that I cultivated after I spent way too much time researching an EOR.

I believe the EOR’s job description is to ensure that all Components and/or Specialty Trades involved in the job are properly engineered per the local building codes including the energy codes.  He needs to double check the mechanics of all the trades within the envelope.  He does not need to do any actual engineering unless hired to do so but, he has to review all engineering done by the Specialty Trades and ensure the engineering is per code.  It’s the equivalent of getting a second opinion on a medical diagnosis.

The EOR does not have to hire the Steel Building Manufacturer but, he does have to review the building’s engineered drawings produced by the Manufacturer and then apply his stamp to the drawings in effect saying, “This is engineered correctly”.  The EOR needs to double check everything to protect the public’s safety.

Why would the EOR want to refuse to sign off on something?  The bottom-line answer is, the EOR is responsible for the entire job’s engineering.  When incidents of building failure occur, tradesmen tend to point the fingers at each other as to what went wrong.  It is difficult to pinpoint the actual cause of failure because there is generally lack of communication between the trades.  Was it the building itself or was it the foundation that supported the building?  Was it the weight of the HVAC system hanging from the roof or was it the roof itself?  Was it the hoist system installed inside the building or the columns themselves? And so on and so on.  There are many questions, a lot of finger-pointing and no clear point-of-accountability.  And that is why you hire an Engineer of Record, to have one clear point-of-accountability.  And that is exactly why an EOR would refuse to sign off on the final building’s envelope.  It’s his tail end that is on the line should anything go wrong.

Does the hired EOR have the ability to refuse to sign off on a Specialty Designed System? The answer is “Yes and No”.  If the EOR sees that the Specialty Component is not per code then “Yes” he absolutely has the Right of Refusal.  But, if the Designed Systems like a Custom-Engineered Steel Building is engineered correctly per code and it flows with the mechanics of the building then “No” the EOR has no Right of Refusal.  And in our situation, the EOR eventually did apply his signature to the building’s envelope after he was shown a clear definition of the scope of his work that he was hired to do.

But do you need an EOR for your project?  Maybe.  But, almost always my answer will be “No”.  If it is a simple “box” project most End Users can manage the different trades themselves.  If it is a larger, commercial project the G.C. can hire the trades, and take all the required stamped, engineered drawings to the Building Department for Approval and Permits.  The G.C. will schedule all site visits with the Building Inspector for Approval as needed.  The co-ordination of the trade’s Engineers, the G.C.’s experience and team, and the Building Inspector will ensure the building is designed and constructed per code.  No EOR necessary.

The only time I would professionally suggest to hire an EOR is when the project is so complex and has so many trades that there is no way for the G.C. to guarantee everything is per code and that the mechanics of the building are synergetic or, when the Bid Package requires an EOR be hired.  I would strongly suggest multiple parameters to hiring an EOR:

  1. The G.C. should hire the EOR. This is a must. Any other way creates a conflict.
  2. The EOR should be paid in installments with the progression of the project.
  3. The EOR understands that his purpose is to protect the G.C., the End Users and the Public by guaranteeing every single component, system, etc. is per code and working well with each other inside the building.

The best way to avoid having to incur the expense of an EOR is to hire reputable, highly rated, and referred Subcontractors who will do their part with the highest standards and professionalism.  Partnering with a company like SOLID Steel, Inc. that can handle every part of a build is a smart move.  SOLID does the engineering, the concrete, the manufacturing, and the erection of the building.  When you hire a sub that is inclusive like SOLID you have only one source of accountability which eliminates finger pointing, scheduling issues and the question of who is accountable, etc.

Alternatively, you could hire a seasoned, highly rated G.C. and sit back and let him do all the work for you.  G.C.’s add on average 15-20% to the cost of a project but, depending on the scope of your project, it could be the best 15-20% you spend.

In either case, you can rest assured that having a reputable single point of contact and accountability will make your life and your build much more manageable and dare I say pleasant!