Contract questions..TESTING SOON!

[sdehbo]

If a consultant messes up in a non negligent way and the architect does not catch the mistake, who pays for the modification in the field when the building is under construction? Let's say it was a missing floor drain in a kitchen?

What if the act of the consultant was negligent? I know the consultant doesn't have direct contractual relationship with the owner, so is the architect responsible for it? Then the architect can contractually sue the consultant?

Can someone explain if consequential damages are part of the A201 General Conditions between the Architect and Owner, what can the two parties file claims for against each other? What defines damages as being consequential vs direct contractual damage?

I have read the Indemnification clause A201 3.18 repeatedly and can't figure out what the bottom line is... Is it stating that the contractor can not indemnify the architect/owner/consultants for the contractor (and it's workers/subs) own mistake that leads to injury at the job site and adjacent job sites including anything that might have happened to the property of the adjacent site? What about the Work itself?

[overseas]

As my understanding:

-According to Owner/Architect agreement, the architect assumes primary responsibility and liability to the owner for the accuracy and completeness of the work of the architect’s consultants.
-According to the Architect/Consultant agreement, the responsibility will be switched to the consultant.
-If there is a law suit, the architect still has to go to court to defend himself.
- It will end up that the consultant pay for the damage.
- If the architect's insurance pay for the damage, the insurance company will recover the amount paid from the consultant's insurance company by subrogation.

Please anybody correct that if I am wrong.

[hnQ_9999]

As my understanding:

-According to Owner/Architect agreement, the architect assumes primary responsibility and liability to the owner for the accuracy and completeness of the work of the architect’s consultants.
-According to the Architect/Consultant agreement, the responsibility will be switched to the consultant.
-If there is a law suit, the architect still has to go to court to defend himself.
- It will end up that the consultant pay for the damage.
- If the architect's insurance pay for the damage, the insurance company will recover the amount paid from the consultant's insurance company by subrogation.

Please anybody correct that if I am wrong.

Assuming your Consultant furnished liability insurance (not required) and subrogation clause is indeed included in A201.