Hi Crabtree,
It might appear to some that you are implying that the two scenarios described above are mutually exclusive i.e. elements of one are not generally found to be present in the other and this is not a reasonable argument.
Regarding litigation being pursued against an "engineered" frame - who is that would be called upon to provide expert advice against the original defficient frame design - a designer, an engineer, a building inspector or a carpenter ?
I understand your frustration but please be assured that there are engineers in this world that do know their arris from their elbow.
Regards
Ken Hume P.Eng.