THE DISCIPLINE FILE
Date: October 11, 2017
Case No.: 17-010-RDO
IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT, AND IN THE MATTER OF THE CONDUCT OF SE DESIGN AND CONSULTING INC.
B. THE COMPLAINT The Investigative Committee conducted an investigation with respect to the following allegations to determine if the actions of [Contact A] and SE Design (collectively herein referred to as “SE Design”) contravened Sec- tion 44(1) of the Engineering and Geoscience Professions Act : Specifically, the Investigative Panel considered whether: 1. SE Design was competent and had the necessary completed as per the contractual obligations and in a professional and/or skilled manner. Specifically: a. Whether services for Phase IV were allegedly installed on the wrong side of the lot, when comparing the original drawings (May 12, 2010) to the “as built” drawings (July 13, 2010). b. Whether the project completion dates for Phase V were satisfied and if not, that the consequences for not meeting the deadlines were fulfilled as outlined in the contract. c. Whether the water leak discovered in Phase V was a result of unskilled practice. d. Whether the incomplete status of the lane and its elevations (located on the north side of six lots in Phase V) were not completed as per the contractual agreement. e. Whether SE Design overbilled and/or was deceitful to [Complainant B] regarding the invoicing related to the sanitary sewer servicing for Phase VI — specifically SE Design billed [Complainant B] $60,000 in excess of the original contract price of $420,000. means and experience to complete the land development work required for the Project. 2. The execution of the required services was
The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of [Contact A], the primary contact on behalf of SE Design and Consulting Inc. (SE Design). The investigation has been conducted with respect to a complaint initiated [Complainant B], who submitted a letter of complaint dated June 22, 2015. A. BACKGROUND The Complainant was involved in residential develop- ment since 1985, having developed over 250 residential lots in the Bonnyville area. The Complainant through his company [Company C] retained the services of SE Design in 2010 to develop 3 phases (Phases IV, V, and VI) of a land development project called [Project D] (the “Project”) which consisted of 56 lots. The Complainant’s letter of complaint contained allegations of unskilled practice and unprofessional conduct regarding services provided by SE Design and numerous disputes encountered. SE Design is a civil/municipal engineering firm that was formed in 2004. The firm is located in Cold Lake, Alberta, and employs approximately 20 people specializing in a wide range of planning, engineering, and construction services. [Contact A] referred to the Complainant’s concerns as always being related to the cost of work. He disputes the allegations made by the Complainant, indicating SE Design is a reputable company that was recently recognized by the local business chamber for their exemplary work done in the [Project D] community, earning a Business of the Year Award for a large business in 2015.
60 | PEG WINTER 2017
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