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James A. Mossman, P.Eng.
Editor's Note: APEGGA Council requires
that The PEGG publish Discipline Committee decisions. Following
are pertinent details of a stipulated order in a case involving
James A. Mossman, P.Eng., and decided upon by the committee
on April 14, 2003. Because this is a stipulated order, no
formal Discipline Committee hearing was necessary.
During the course of an investigation conducted by APEGGA's
Investigative Committee into the conduct of James A. Mossman,
P.Eng., concerning services provided to Jager Homes Ltd.,
Mr. Mossman freely and voluntarily admitted and agreed with
the facts and findings here presented by the Investigative
Committee.
Agreed Statement of Facts
1. That J.A. Mossman, P.Eng., was at all material times registered
in good standing as a professional engineer with APEGGA.
2. That J.A. Mossman, P.Eng., was retained to provide professional
engineering services to Jager Homes Ltd. of Calgary respecting
waterproofing treatment of a concrete foundation, including
comments on a product known as Enhance.
3. That on Jan. 11, 2001, J.A. Mossman, P.Eng., issued a letter
to Jager Homes Ltd. under his signature and professional seal.
4. The aforesaid letter was misleading in that:
a. The letter approved the use of Enhance to waterproof
the foundation and implied that the use of Enhance together
with the low sulphate content of the soil would mean that
this foundation would not be subject to soil sulphate attacks.
b. The letter failed to state that Enhance was not recognized
by the Alberta Building Code, nor did it state that the
required testing had not been done by an authorized laboratory.
Findings
The conduct of J.A. Mossman, P.Eng., in the foregoing respects
constitutes unprofessional conduct and a breach of Code of
Ethics Rule 2.
Orders
That a letter of caution be issued J.A. Mossman, P.Eng.
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