An ethics question

An ethics question:

Some years ago, we did a study of historical home in Miami Beach to determine its structural condition and recommend repairs to bring it up to required strength.

It was built in 1926 or so, and the steel was badly corroded, causing a great deal of spalling of concrete in the beams and columns. This damage had been “repaired” in the past, disgusting its existence.

We issued a report to the owner and that was that.

Recently, we got a call from a new owner of the home who had heard that we were out there from a potential contractor we work with, but he did not have our report. He said he wanted to proceed with the work of fixing the home.

We have tried to contact the original owner to no avail to find out if we have permission to work for the new owner, and turn over our report, but we cannot find them.

The problem is, if the original owner (our original client) did not inform the buyer of the home about its known problems, the new owner could sue them. The new owner says that it not what he wants, but we cannot not know his intent.

Can we ethically do the work for the new owner, even by redoing the work, as it might expose our old client to damages?

Any opinions would be welcome.

 

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Call an attorney for every state has different laws about this.

 

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Its not a matter of law, but ethics. I would be legal to take on the job, but if my previoius client was damaged, it would be unethical.

 

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That is a illegal thing to do and the previous owner would be open to a lawsuit because of their non disclosure of problems depending upon which problems weren't disclosed. That's why I suggested a lawyer to help figure out exactly what you can do.

 

Thanks for the advice. I think I'll just recommend another engineer to do the work and stay out of the whole mess.

 

Yes. The report does not belong to the new owner.

HOWEVER....

SOLUTION:

Offer to do another appraisal for a lot cheaper, and you will already know some problem areas, so you would just have to look at anything else requiring attention. This would be ethical. If they are wanting the work done, then offer to do the quote for free? This would be a new quote and belong to the new customer. It would not technically be related to the "history"

 

Not a bad idea. I may do it.