Ethics QC1 11.4 Conflict of Interest

Date 03-28-2012 04:03

I believe the intent is that all parties have to be notified and agreeable if the inspector is collecting money from more than one party for services rendered on the same project.

If you are being paid by the Owner to detail the project and if you are being paid by the Owner to inspect, I see no conflict.

Al

By Lawrence (*****)

Date 03-28-2012 04:35

A detailer that knows something about welding?

I believe you should be placed in a museum just to prove there is one.

By eekpod

Date 03-28-2012 10:26

As long as all parties know the situation and the owner (aka the guy who's paying for the final project) doesn't have a problem, then I think your fine.
Also agreed imagine a person who knows the "details" of the project and can inspect to them, sounds good to me.

By welderbrent (*****)

Date 03-28-2012 13:11

I agree with Al (my approach may differ some, but I believe we have the same bottom line).

Even though you are working for two separate companies, one to detail through the engineer, and one to inspect through the SCWI you are at both times representing the customer. It is often the Customer's Engineer who is on board all through the project to protect the final interests of the customer. He can hire or has on staff the people required to do the Verification Inspections to make sure the project is going as designed. That includes shop fab and field erection.

There may or may not be other inspectors involved as well. Such as, the shop should have an in house QC, rather they are a CWI or not, to make sure that work is done correctly. There may be Special Inspections done in the shop and in the field as directed by the local building authority that are part of the work of the Engineer's Verification Inspector or separate from it. For the Engineer's Inspector to be the Special Inspector one of them must be listed with the local building authority as a Qualified Special Inspector for Structural Steel. I presume that is what you do through your SCWI.

Who better to do the inspections than someone completely familiar with the plans if he is also qualified to do welding inspections? I have been hired by engineers to represent them, and thus the customer/end user, to watch a project that they are too far away from to do themselves. But they can use their own people to do this even if that person is hired through a different company while doing the inspections than he was while doing the detailing. They still represent the engineer and the customer.

The shop/fabricator and erector do not represent the customer in the same regard. From that point, the inspector cannot be paid by the fabricator and the customer. By the fabricator, either as a welder or inspector, and then by the customer to do the Special Inspections or Verification Inspections. He is being paid by two separate parties with a conflict of interest because of the differing positions of the two. The shop and or erector are caring for their own interests and making as much profit as possible. They must be held accountable to the intent of the plans by someone who is protecting the customers interests.

You can do that as first the detailer and then the Special Inspector. There is no conflict of interest. Besides, you did go the extra mile and make sure all parties know you work for both. But it doesn't matter as you represent the customer both times, never the fabricator/erector.

That's my expanded two tin pennies worth.

Have a Great Day, Brent

By rlovelace Date 03-28-2012 17:11

Thanks for the input.

That is a tricky clause. What if I were a plumber or hanging sheet rock on the job and just happened to be a CWI. I was reading into the clause that I cannot get paid for inspection by say the fabricator and the owner for CWI services on the same job.

I was a Qualified welder for many years, both shop and in the field. I was the guy who did the CJP's in the shop and out in the field, never had one fail. I experienced many inspectors who were not CWI's and had no real idea of what they were watching for while I was welding. It was all about the NDT at the end.

I feel that my experience in different aspects of steel construction makes me a good inspector and valuable to all parties or a the fabricators worst nightmare. I'd rather not do the inspection as it could potentially make the fabricator mad. But why should he be mad if he is doing his job properly and has good quality. I'm working for the owner of the house ultimately.

By qcrobert (***)

Date 03-28-2012 18:54 Edited 03-29-2012 17:28

I agree with you and don't consider this a conflict of interest.

If I may, I would like to share my experiences with Caltrans bridge inspection. During 1992-2001 I performed bridge (seismic retrofit) inspection for Caltrans. Caltrans required that the Contractor hire an outside 3rd party Inspector to perform weld inspection of the Contractor's work. Therefore I was inspecting work performed by the person signing my paycheck.

Now that's is what I call a conflict of interest.

One such project, the Contractor refused to pay my last invoice and I had to take him to court.

QCRobert

By welderbrent (*****)

Date 03-28-2012 23:19

Okay,

Let me go a little further.

I own a welding fabrication shop. Have been in this community as the owner for 16 years. Most of my inspecting at first was out of this area as a TPI. Thus no conflict of interest.

Lately, I have been working locally as a Special Inspector on many projects. As time has gone on, every time I turn around I am running into a problem. I get called to do an inspection on a project my shop has done at least the shop fab on if not the erection as well. Now, there are few CWI's in my area. In fact, I think I am the only one actually listed by the local building authorities who both lives and works here as a Special Inspector. So they have to hire someone to drive 2 hrs to get here to look at my shop's work and is listed with the local building authorities as a qualified inspector.

That can clearly become a conflict of interest issue: Owning and working the fabrication/erection company and doing the Special Inspection for the owner of the project. As the Fabricator, I get paid by the GC and as the Inspector I get paid by the owner or his authorized agent (usually the engineer).

Now, your hypothetical situation, being a plummer and doing the welding inspections. On one hand they are not related, on the other hand you are still working both sides. You would really have to be careful because there could be bribes involved (kickbacks, payoffs, etc) through that connection.

Yes, it is true, former welders and those with a construction background make some of the best inspectors. The Conflict of Interest becomes a problem when you try to do BOTH.

I am in the process of selling the welding shop and doing nothing but inspections. Meantime, I am busy enough with inspections I am forming a second company and totally removing myself from the welding business. And, I went to work with another Inspections Firm that does more work out of my home area. Keeps me out of trouble.

Have a Great Day, Brent