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Conflict of Interest

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not-my-real-name
(@not-my-real-name)
Posts: 1060
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While supervising a construction project for my employer I had suspicions about an error on a grading plan.

The surveyors under contract with the project were called, but, one of two surveyors assigned to the project was unavailable for a week. So I offered to help the other surveyor in order to get the information that was needed.

When I suggested this approach I was told by someone it would be a conflict of interest for me to help the only other surveyor who would be unable to perform alone. This puzzled me, but, I did not press the issue. Instead I got the information myself with the help of another employee. The contract surveyor did not participate.

Do you understand how it may have been a conflict of interest for me to act as helper to contract surveyor? I certainly do not.

 
Posted : March 21, 2016 4:34 pm
(@dougie)
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not my real name, post: 363549, member: 8199 wrote: I had suspicions about an error on a grading plan.

You don't elaborate on what your suspicions were; so that might have something to do with it.

Does the contract surveyor work for the company that designed the grading? That could be part of it too...

 
Posted : March 21, 2016 4:49 pm
(@paden-cash)
Posts: 11088
 

I use to contract a lot of big topos for airport construction projects. Then I started contracting the inspection services on those projects. I think I did three or four before the Aeronautics Commission decided that was a conflict of interest. I never could figure that out. Especially since it was common for the design engineer to be able to provide both surveyors and inspectors, as employees of the design firm. I wound up doing one or the other for a number of years...but never again both.

Still don't see what the big deal was..

 
Posted : March 21, 2016 5:11 pm
not-my-real-name
(@not-my-real-name)
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My suspicions were correct. The grading plan elevations indicated slopes in the wrong direction that would not have made for correct drainage.

The surveyors are contracted for layout only. They do not work for the design firm.

Thank you for the replies.

 
Posted : March 21, 2016 6:03 pm
(@thebionicman)
Posts: 4438
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I'm from Idaho. We have no conflicts of interest;^)

 
Posted : March 21, 2016 6:23 pm
(@jkinak)
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It‰Ûªs always great to help out ‰ÛÒ we all want the job to get completed correctly and on schedule. But‰Û? you‰Ûªve got to be very careful. You don‰Ûªt want to accidentally take on responsibility for a problem that you have no hand in creating. In short ‰ÛÒ don‰Ûªt make another firm‰Ûªs problem yours.

Regardless of whether or not it‰Ûªs a conflict of interest, it‰Ûªs important that you let the folks who are contracted to do the work do the work. If a problem were to arise from the original work done by others and you had contributed to that work product inadvertently by ‰ÛÏhelping out‰Û in an effort to ‰ÛÏget it done‰Û, you could easily be dragged into the problem. I‰Ûªll say it again - don‰Ûªt make someone else‰Ûªs problem yours.

If this turned into a claim, I suspect that you‰Ûªd have a hard time with your professional liability insurer: you would probably be asking them to protect you for services that you were NOT contracted to do.

Be careful when trying to be the good guy/gal: there may be unintended consequences.

 
Posted : March 23, 2016 12:02 pm
(@tom-adams)
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JKinAK makes sense to me. There is an issue, and you are being smart to point it out as soons as possible. Now they are on notice, and have a chance to find it and correct it before it becomes worse. It does seem like if things went south, you could "become" part of the problem. (whether or not it fits the definition of a conflict of interest)

 
Posted : March 23, 2016 12:25 pm
(@jim-in-az)
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Many years ago one of my business partners told me "Never do anybody a favor." My reaction was "Wow - that's a pretty hard-a** position to take!" Over the years I have learned the hard way. Almost every single time I have done a favor it has come back to bite me in one form or another. Sometimes it comes from so far out in left field that it could never have been anticipated. These events have assisted me in learning how complicated the world can be. They also are the reason I now tell my younger staff "Never do anybody a favor!"

 
Posted : March 23, 2016 12:35 pm
(@flga-2-2-2-2-2-2-2-2)
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not my real name, post: 363549, member: 8199 wrote: So I offered to help the other surveyor in order to get the information that was needed.

Was the "other surveyor" a subcontractor to your employer? If so it is definitely a conflict of interest. B-)

 
Posted : March 23, 2016 3:15 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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Hi,

I asked my attorney for an opinion on this and it is not a conflict of interest. The designer needed more data and made the determination that the elevations on the grading plan were in fact in error.

If I had attempted to redesign based on the information I collected, then, I could be increasing my liability and overstepping my responsibility. I would never recommend that anyone, including myself, do that.

So, I acted responsibly and professionally. Be a team player and be focused. That is a professional responsibility.

The person who alerted me and the team to the "conflict of interest" was paranoid. A conflict of interest is an impropriety and this certainly was not. I wish I could get the time back that was spent in this conundrum.

Thank you for your concern.

 
Posted : March 24, 2016 3:45 pm