Another Death on a Scarano-Certified Site
When does coincidence become a pattern? That’s the question Robert Scarano should be asking himself this morning. Manipulating building codes and giving the finger to entire communities is one thing; being consistently involved as a certifying architect in projects where workers are injured or killed is another. With news yesterday of Anthony Duncan being crushed…
When does coincidence become a pattern? That’s the question Robert Scarano should be asking himself this morning. Manipulating building codes and giving the finger to entire communities is one thing; being consistently involved as a certifying architect in projects where workers are injured or killed is another. With news yesterday of Anthony Duncan being crushed by a collapsing wall on a worksite at 733 Ocean Parkway, the Scarano-related death count reached three (207 South 1st and 187 20th Street). We know what he will say (in all capital letters, no doubt): It’s the fault of the developer (O.P. Equities) and the contractor (A-1 Construction Expo), not mine. Okay, we might be willing to give him the benefit of the doubt in any one isolated incident. What about when it happens twice? Three times?
Even if he has no legal culpability (which we are not in the position to judge), we hope this latest catastrophe will at the very least make Mr. Scarano do a better job of picking his partners. At a certain point, it’s like being the grown up who leaves a loaded gun out on the table and then says it’s not his fault when a child shoots himself. Mr. Scarano, you must have made enough money that you can stop whoring hiring yourself out to bottom-of-the-barrel clients who cut every corner they can. Please, stop enabling their irresponsible and dangerous behavior. How can you sleep at night?
Worker in Brooklyn Dies as Wall Falls [NY Times]
Brooklyn Worker Killed [NY Post]
Construction Worker Killed in Collapse [NY1]
733 Ocean Parkway DOB Application [NYC DOB]
Comments on 207 South 1st Death [Brownstoner]
11.17am was me.
Gidget, does Scarano hire developers or do they hire him? I agree with the moral obligations of Scarano to stop working for/with developers/contractors who have safety problems and on-site deaths.
The precident for whom exactly is responsible for jobsite safety has been decided in construction law, and, assuming Scarano signed the ususal AIA contracts, site safety is the responsibility of the contractor.
However, this assumes a lot of things — that Scarano has a contract with a Client rather than is doing the job design-build (in which case, he’s partially liabable), and that he can successfully argue that the underpinning was not done according to specification (if such exist or were issued). I believe this site reported earlier that Scarano’s ability to self-certify jobs was revoked, but that just makes someone else in the firm who actually stamped the drawings liable.
But even if he’s been careful in setting up the job, in writing a tight contract and in issuing a good set of drawings and specifications, he still has to bully his contractors. Work site safety is paramount. Scarano or whomever signed the drawings is responsible for touring the site at least weekly, and for acting as a fiduciary to the client — it’s his job to help the client avoid these kind of mishaps.
Finally, I argue that whatever the legal arrangements particular to this job, he has an ethical responsibility to act for site safety. An architect’s most important responsibility is to protect public safety (this is the basis for why architects are licensed in the first place; the basis from which their legitimacy ultimately stems), and one can agrue, along with Brownstoner, that there is a strong case he has neglected this duty.
Frustrating.
–an architect in Brooklyn
David, I know what you’re saying here, but I’m trying to look at the big picture. Granted, it is my picture and no-one else’s and it is coloured with my personal favorite hues and shades (information) which relate to Scarano and the types of jobs that I see him doing in my neighborhood of DUMBO. It’s difficult for me to believe that he (or the folks that work for him) doesn’t have a choice in who he hires to do the development and construction of HIS projects. He is therefore quite involved, and has quite a big say in those decisions = responsibility.
Where is DOB in all this? There are two Scarano projects happening by me. People have made numerous complaints to DOB and nothing happens.
We’re NOT calling the guy a murderer–that would imply an intent we do not think is there. We are, however, asking the question of where the moral, if not legal, responsibility should lie. If people keep dying on your clients’ projects do you at a certain point need to rethink the type of people you do business with even if you may not have any legal obligation to do so? Or maybe rethink the level at which you involve yourself in trying to make sure your clients act responsibly.
I agree with David. You don’t know the roles/responsibilities so you can’t simply say everyone is legally responsible. You have to know the facts and review the contractual arrangements between the architect, developer and contractors.
But are they “in it together” – many architechts simply provide the plans/design and ‘construction architechts’ deal with construction – I dont know what the situation is here but before we call the guy a murderer should we know more than the location is listed on his website?
I repeat, they are all in it together and therefore should not be separated in their levels of responsibilities in their particular jobsites. Thank you Anon 10:41.