PDF Putting a full stop on Construction Disputes

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The ideal contract is carefully constructed with the particular project and personalities in mind. Most truly experienced developers, after one or two experiences with that form contract, create either addendums to the contract or create their own version. Either with that form or not, the responsibilities discussed here often apply in standard form contracts. The problem with architect relationships, however, often stems not from the central role they perform, but by a misunderstanding of their contractual duties, and usurpation of various roles and responsibilities by others on the project, either intentionally or unintentionally.

CREATIVE DISPUTE RESOLUTION PROCEDURES

To avoid that danger, a full understanding of the actual tasks normally assumed by the architect and what they mean is essential. By engaging an independent design professional, by which is normally meant the architect, the owner intends to secure a reasonable design within known parameters. At the same time, the owner will shift responsibility for the design onto the architect, and should clearly and completely convey all project objectives and necessities.

The owner should avoid participation in the actual design work if the owner wishes to ensure that the design liability remains with the design professionals. As far as the contractor is concerned, these are contractual matters strictly between the owner and designers. The typical response of a contractor to a flaw in the construction is that the Plans and Drawings indicated that the construction should have been completed in that manner and so long as the contractor follows the plans and specifications, the contractor is normally free from liability.

Quite a few contracts with contractors impose upon contractors the duty to report errors in plans and specifications that they encounter but even assuming the contractor executes such a clause, enforcement is difficult and the negligence would still be parceled out among the various parties…including the owner if the owner was responsible for the errors. The following are the typical project obligations of the architect and the rest of this article shall discuss them in detail:.

Production and coordination of all plans and specifications including all change orders. Technical accuracy of all documents and often reviews of contracts with subs. It is the architect's responsibility to represent the work in sufficient detail on the plans and to describe it in sufficient detail in the specifications. Indeed, many contractors insist upon such language and a typical clause seen recently was. The contractor is to provide all work shown on the plans, whether or not adequately described in the specifications, and all work described in the specifications whether or not specifically indicated on the plans as if called for by both.

In most cases, the Courts have held that the ultimate responsibility for adequately describing each building component rested squarely with the designer. Such work description typically includes two components:. In theory, the contractor should be able to award individual subcontracts for each specification section strictly "per plans and specs" with confidence that when the process is complete, the entire project scope will have been covered and all necessary pieces for a complete project would be accounted for.

The responsibility for each specification section or division should thereby be correctly specified and assigned without misunderstandings or disputes. In practical application, the general contractor may be held at least partially responsible for identifying obvious or glaring design problems. However, the contractor should not be expected to complete a search of the documents with the specific purpose of confirming whether or not the architect completed the design. The architect should make sure that the plans and specifications have been prepared correctly.

For example, if a large motor is specified, the architect inherently warrants that a large motor is available for the application. If that motor requires volts of three-phase power, that provision must be included in the specifications along with the stated responsibility on the part of the contractor or the sub for the final connections. If a specific roof insulation R-factor is necessary and the thickness is shown on the plans, the contractor should not have to pay for an increase in roof blocking because the roof insulation thickness shown did not measure up to the required thermal performance.

If the architect wants a particular blue paint, that blue paint should be available for purchase, and the specified boiler should physically fit between the walls of the boiler room.

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It is typically not the contractor's responsibility to confirm these factors before the orders are placed. In that respect, the architect is responsible not only to set plans and specifications that are theoretically possible, but must create plans and specifications that are practically and realistically possible.

The contractor and the builders must be able to rely on that aspect of the architectural expertise. Contractors often get trapped into unexpected liability and responsibility when their practical construction experience must provide the opportunity to fill in gaps left by incomplete designs. Despite the best of intentions, when a contractor initiates a "design", he or she may assume the architect's liability as it relates to that particular area. Unless there is a glaring deficiency in the design, it is the contractor's job to proceed with the work, not to redesign it.

When a contractor recommends changes in design details in the interest of time or even with the noblest intentions of improving in product quality, there may be an assumption of responsibility for the new detail. The contractor, or owner, however, should be aware of the risks of assuming additional liability and weigh those risks against potential benefits resulting from the respective design change.

Managing Building Contracts, Resolving Building Disputes

In the case of the owner, he or she may find themselves in a position in which they not only waive any claim against the architect for lack of performance, but are themselves considered responsible for any subsequent problems. Properly drafted agreements are the solution to this dilemma but the best agreement will be invalidated by inappropriate action by the contracting parties. Another area where contractors often get into design traps, and one with great potential for change orders , are those areas where an incomplete design is provided.

It is fundamental to the architect's design responsibility that every component of the construction assembly be reasonably identified. An all too common attempt by some architects and engineers to bridge this potential design gap is called the " Referenced Standard.

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In some cases, the use of reference standards is legitimate. For example, referring to Department of Transportation DOT standard specifications for a certain type of road construction should yield very specific and stringent requirements to complete the work. These requirements will incorporate exact material specifications and installation parameters to allow non-subjective evaluation of performance. This example is in sharp contrast to other types of standard specification references, which amount to little more than vague descriptions of design criteria and which are completely inappropriate for the architect to use instead of providing the actual design.

This example is a fundamental departure and contrast to the DOT specification example given above. The closest thing to a material specification in the hangar case was language "made of a noncombustible material", and dimension and sizing properties amounted to a complex system of formulas to be applied to any number of different types of structures. In other words, there was no material specification, no assembly design, and no performance criteria had been offered. Heavy-duty aluminum foil wrap would have complied with the material "specification" requirement this would be of course ridiculous to consider in the actual construction, but indicated here specifically to display the ridiculousness of trying to force a contractor to comply with this type of requirement.

The flaw was that they had allowed the architect to cut corners by avoiding the task of truly providing design work in that instance. And, remember, the architect is the agent of the owner. When the designer assembles a detail, there is an implied warranty established that the pieces will fit together in the same way that they have been placed on the drawings.

Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. Construction claims, disputes and project closure 1. Srinivasa Rao 2. For example, the contract document may not be clear, may have dual meanings at different places, or may not have sufficient details.

Besides, site conditions differ to a large extent from those described in the contract document. Other recoveries from bills may also lead to contractor raising the claim. Highlight the areas not covered in the quotation. Settle them early, before the amount looks big. The base plan should be prepared right at the beginning of the contract, and this should not be lost sight of either mentally or physically.

Keep a copy of the original schedule in your cash box or bank locker so that it is not lost. It is better to use CPM network so that the floats are known. Do the CPM network right in the beginning of the project. If available, enclose periodical progress photographs, which can speak volumes. The request for release of retention money is also made. A written request is made to the client to release the bank guarantees.

Fawn Sharp , president of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians, said that while the tribes are "determined to win this fight", a "deeper fix" is needed. This is much larger than a specific infrastructure project. It goes to the fundamental relationship. Louis and Minneapolis, had passed ordinances to support the Standing Rock tribe in opposition of the pipeline. In October, the Morton County Sheriff requested police from surrounding areas to assist in regulating the protests near the pipeline.

The Dane County Sheriff's office of Wisconsin sent 10 deputies to aid the local police, [] but they were recalled a few days later because of opposition from the Dane County residents and county officials. When you met with our people on your campaign trail in Sioux Falls, South Dakota, you stated that you are a lawyer and understand treaty documents.

You told us that you realized our treaties were violated and you would address these violations against our people if you became President. This was your Word. On November 15, hundreds of cities held protests against the pipeline in a coordinated protest which organizers called a "National Day of Action.


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Tara Houska, Director for Honor the Earth , spoke at a rally in New York City saying, "Because of the power of social media and the millions of those at Standing Rock, the Army Corps are going to invite the tribe in to discuss their concerns. Robert Kennedy Jr. I think they're standing up for America, that they're standing up in the face of a bully. Thanksgiving Day has been described as a reminder of the strained relationship between the U. On the November 24 holiday, several thousand continued to protest the pipeline; some estimated that the number of protesters, which fluctuates, doubled that day.