A201. 3.12.8

Building Section Vignette and Multiple Choice

A201. 3.12.8

Postby pig » Sun Nov 05, 2017 1:58 am

in A201, 3.12.8
"The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from req. of the Contract Documents by Architect's approval of Shop Drawings, Product Data, Samples.... UNLESS the Contractor has specifically informed the Architect in writing of such deviations at the time of submittal and 1) Architect has given written approval...."

So if Contractor has a written approval from the Architect for the deviation, this releases the Contractor from responsibility...?
The same article then continues that "Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings. Product Data etc." - so even if it was written Approved by Architect, the failure caused by the "deviation" is still Contractor's responsibility?

Actually, can someone clarify the responsibility between Architect and Contractor regarding who is responsible when it fails:
scenario 1
If the Contractor had followed the specs and used the correct material, but the material failed, is the Architect held responsible and should pay to the Owner for the replacement cost? (since Contractor followed the Architect's spec in the Contract Document)?
scenario 2
If the Contractor had constructed what was drawn/indicated in the Contract document, but he proposed a different way in the Shop Drawings and was approved by the Architect,then if the construction assembly fails, then it is the Contractor's responsibility (since Contractor is solely responsible for Shop Drawings)?

Many thanks for any help!!
pig
 
Posts: 111
Joined: Thu Feb 26, 2015 2:38 pm

Re: A201. 3.12.8

Postby wws341234 » Tue Nov 07, 2017 8:38 pm

pig wrote:in A201, 3.12.8
"The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from req. of the Contract Documents by Architect's approval of Shop Drawings, Product Data, Samples.... UNLESS the Contractor has specifically informed the Architect in writing of such deviations at the time of submittal and 1) Architect has given written approval...."

So if Contractor has a written approval from the Architect for the deviation, this releases the Contractor from responsibility...?
The same article then continues that "Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings. Product Data etc." - so even if it was written Approved by Architect, the failure caused by the "deviation" is still Contractor's responsibility?

Actually, can someone clarify the responsibility between Architect and Contractor regarding who is responsible when it fails:
scenario 1
If the Contractor had followed the specs and used the correct material, but the material failed, is the Architect held responsible and should pay to the Owner for the replacement cost? (since Contractor followed the Architect's spec in the Contract Document)?
scenario 2
If the Contractor had constructed what was drawn/indicated in the Contract document, but he proposed a different way in the Shop Drawings and was approved by the Architect,then if the construction assembly fails, then it is the Contractor's responsibility (since Contractor is solely responsible for Shop Drawings)?

Many thanks for any help!!


Hi pig, here's my interpretation of it.

What is emphasized in 3.12.8 has two parts:
1) If there are any changes in the submittals, the Contractor must brings those changes to the Architect's awareness in written form i.e. clouded in drawings. This is to prevent the contractor from slipping through other changes while only bringing some changes to the Architect's attention, and then put the liability on to the Architect when there is subsequent damage arise from the unknown changes.
2) At the end of the clause, it is stated that the Contractor is not relieved of responsibility for errors or omissions in Shop Drawings...or similar submittals by the Architect's approval thereof. This statement is a reminder that it is not the Architect's responsibility to check for Subcontractor's errors and omissions. The sole purpose of the Architect's review is to ensure that the shop drawings are compliant to the design requirement of the Contract Documents, not for means and methods.
wws341234
 
Posts: 112
Joined: Wed Apr 02, 2014 6:49 am


Return to CDS - CONSTRUCTION DOCUMENTS & SERVICES

Who is online

Users browsing this forum: No registered users and 1 guest