# A Multi Million Dollar Construction Project and The Project Superintendent's Position



## Buildtek (Jan 20, 2009)

*Construction Safety vs. Your Job*

On July 3, 2008, as Project Superintendent for the Forest Hills Nursing Home construction project in Cincinnati Ohio because the owner was told by the architect's representative that I was delaying the project due to my communications with the local building inspector assigned to the project. During the permitting process the architect was having major problems with the drawings as the building department was rejecting them due to errors within the plans.

A foundation permit was granted prior to the building permit being issued in order for the job to commence, these drawings were found to have suspected structural problems to the extent that it would risk the life and safety of the workers and future residence of the nursing home, these were not small errors, these were major short comings that I could not believe that they were missed by the architect.

As with any project, it is good practice to have the super on the job prior to any construction activities to get acclimated with the project, review the drawings and specifications. The job that I just came from (Springboro Surgery Center) was a great example why incorporating this policy pays off.

During my plan review I found many suspected errors within the foundation plans and forwarded these list to my project manager so that they would be addressed, these issues were apparently not addressed or correctly addressed within a time frame that would not effect the the construction schedule. When it came time to install elements that were in question the building inspector would stop the job due to problems with the design or documents submitted that were not compliant.

As a project superintendent, safety is # 1 period! It appears that others in the team did not hold that position, the team players, mainly the project manager and the project captain. Why anybody would want to risk the safety and lives of people is beyond me, but this happens when there are large sums of money being thrown around. The project captain submitted structural revisions to the PM without an engineer's seal on them, when the building inspector arrived for inspection, the installed components did not match the original foundation drawings which were approved for construction, at that time the inspector had asked me why the construction differed from the approved plans, I told him the truth, which was I had submitted an RFI to have steel reinforcing reviewed as it was suspect for under design. He asked if I received any direction to build it different from the approved drawings, my answer was, yes. I asked the inspector if his office was informed of the change, he made a phone call to check and no such change was approved. The inspector asked for the documentation for the change which I gave to him. He took a copy to his office, the inspector failed the inspection and came back the next day with a "stop work" order.

From what I heard from others , the project captain called the owner of the nursing home to have me removed from the job, apparently the owner of the construction co. did not agree and I was allowed to continue, shortly after submitting the RFI's, the project manager and project captain became very hostile toward me while visiting the job, they apparently did not like me questioning the plans. The project captain told me to "leave me the **** alone" in a project meeting in front of others after I asked him a simple question. The first stop work order lasted for 4 weeks! while more problems with the plans continued to mount along with there RFI's. A second attempt by the project captain was successful and was fired. The building permit was being denied to a point where the project as a whole was in jeopardy due to the plans being not in compliance with the building code.

The G.C. owner arrived at the site office trailer at 3:00PM Thursday July 3, 2008 and asked for my company phone and told me I was removed from the project, he took the office computer with him which they bought for me as I was using my personal computer on the previous job and that one crashed beyond repair. He indicated that he would re-hire me within 1 year. From what I heard from others within the firm id that the owner threatened to have the GC removed if I was not. That is blackmail. I notified the building department of my removal along with Ohio's Architectural Board and O.S.H.A. to secure my rights under the Federal Whistleblowers Protection Act.

After not hearing back from O.S.H.A. I made many phone calls to try and find out why I hadn't heard anything back. Come to find out I reported the complaint in the wrong forum and was requested to meet with an investigator. The complaint was classified as untimely, I then filed an appeal with the Department of Labor in Washington D.C. I remain waiting for a decision, if it is denied I will seek relief in Federal and State courts.
This project started in October of 2007 and remains incomplete. There appears to be major structural problems that cannot be remedied without spending large sums of money for the remedial work required for the building department to approve the construction. Stop work orders continued after my removal.

The odds of me prevailing within O.S.H.A.'s forum seems to be long shot after reading previous cases, the DOL appears to favor the employer by a wide margin by finding anything they can to promote a judgment in favor of the employer. I have since lost my home, extended my credit cards and used all my savings as I remain unemployed due to me being fired and the bad economy. The GC also lied to the Federal Government and the State of Ohio by classifying my unemployment insurance application as "lack of work", this may open the door for me as it's a clear action to try and hide the truth that I was fired.

This letter and it's contents are true to the facts as I know them and challenge anybody of the content in person or in any legal proceedings. If I needed a building constructed Now the owner has spent millions of dollars and all he has is a screwed up building sitting there!


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## Framer53 (Feb 23, 2008)

I hope you can back up these statements as you are on an open forum available to anyone that Googles.:thumbsup:

From your statements, yes you apear to have been screwed. I suggest at this point you gather up what self respect you have left and go on with your life!


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## Buildtek (Jan 20, 2009)

I learned a long time ago if it isn't' documented it did not happen. I want this public, and yes, I agree to move on, just very tired of getting screwed over! I have everything to back it up. The building Dept. was on my side as posted on the inspection documents. I feel bad for everybody involved, people made mistakes and others paid for them!

cagis.hamilton-co.org/opal/ezTrakAPDList.aspx?ezstdadrtag=4575||BEECHWOOD|RD|||nrs%20home|ANDETP|ANDE|05000074007304575B|050000740073|050000740073|ANDERSON%20TOWNSHIP


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## Anti-wingnut (Mar 12, 2009)

Buildtek said:


> The GC also lied to the Federal Government and the State of Ohio by classifying my unemployment insurance application as "lack of work", this may open the door for me as it's a clear action to try and hide the truth that I was fired.


I would actually guess that the reason the GC stated you were laid off for lack of work was basic humanity. It is much easier to get UI if you were ROF'ed, than if you were terminated for cause.


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