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!!