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?