Structural engineer not for probation acceptance, and now?

Hello,

the construction project is progressing further and so is the next challenge: The structural engineer was not present at the reinforcement inspection because he did not receive the appointment. Now it has been concreted and therefore cannot be redone. My expert (construction supervisor) checked on my behalf before the concreting and found no abnormalities except that the structural engineer was not on site. In the structural engineer's letter at that time, it was stated that I should provide him with the contact details of the slab builder so that he can get in touch regarding construction supervision. I did that as well. About 2 months before the start, I sent the implementation calendar week to the structural engineer but have not heard anything from him except for an acknowledgment of receipt.

The structural engineer obviously cannot and does not want to confirm now that the reinforcement was installed correctly (which I can understand since he is liable for that) and wants an extensive liability exemption from me. There are only 1-2 pictures of the finished reinforcement which are insufficient for acceptance. My expert advised me not to issue it, the site manager said a stop of work threatens without confirmation from the structural engineer. Construction is in Hesse (=HBO).

What should I do?

...The structural engineer was not present at the reinforcement inspection because he did not receive the appointment....

What do you mean by that? Did he not get informed about the appointment and was therefore (not culpably) not there? Was he unable to free up a suitable time (possibly too short notice) and therefore could not attend?

Was he asked in advance (when it was known that he would not appear at the appointment) how he would proceed afterward?

I think if the structural engineer culpably did not participate, HE will have to find a solution, otherwise YOU :oops: (Note: layman's opinion)

Your expert has checked. He should give that to you in writing.

The structural engineer was not present at the reinforcement inspection because he did not receive the appointment. Now it is concreted and therefore cannot be made up. [...] In the structural engineer’s letter at that time, it was stated that I should provide him with the contact details of the slab builder so that he can get in touch regarding construction supervision. I did that as well. About 2 months before the start, I sent the execution calendar week to the structural engineer but also heard nothing from him except for an acknowledgment of receipt. [...] the construction manager said that without confirmation from the structural engineer a construction stop is threatened. Construction is in Hesse (=HBO).

If the construction manager – I assume you mean the person responsible for the construction manager declarations in accordance with the state building code – saw that the structural engineer was not on site, he should have called off the dispatch of the concrete truck. I interpret your quoted description as if the responsibility to summon the structural engineer was left to you, the structural engineer wanted to coordinate the appointment in this process, and you have proof of his receipt from your communication with the structural engineer. Then I see the black mark with him, as it is his responsibility to document the coordination with the slab builders and to follow up so that he can determine a coordination result. The question of the structural engineer’s contribution to the cause of the predicament must now be answered based on how this coordination process turned out. The construction manager – in my opinion personally responsible for being present himself – must have noticed the structural engineer’s absence and should have reacted accordingly. The consequence of the loss of verifiability due to accomplished facts must be clear to a construction manager – not for nothing do some state building codes require suitability of the appointed person. The structural engineer must now weigh the risk of his trust in the expert’s competence against ordering the dismantling of the slab with all its consequences (unless he can wash his hands in innocence, i.e. not be responsible for his absence). In case of doubt, at least one of the parties involved – in my opinion least of all you – needs an attorney with relevant experience. Incidentally, there are indeed methods to investigate concrete non-destructively and determine that steel was actually embedded as planned instead of mafia bodies ;-) P.S.: I hope at least the electrician was present – let's hope there isn’t the same issue with the foundation earth electrode again. By the way, he usually also does photo documentation.

Is it the case that the structural engineer MUST be on site with you? If so, does he also have to supervise the shell walls and carpentry work on the roof? With us, everything works with construction plans and a site manager. The plans are sufficient, after all, construction is carried out according to them.

I am also surprised. There was no structural engineer present during the concrete work for the foundation with slope support up to the floor slabs. The concrete contractor built according to the plan and is liable for the correct implementation according to the plan. This was created, approved, and authorized by the structural engineer in consultation with the architect. Questions were clarified in advance. We built in NRW. Why does the contractor need the approval of the structural engineer?