It think you meant to say overbid, or something along those lines. I assume that you had to do the redesign because the bid was "Over" the Client's budget. Anyway, back to what you said...hnQ_9999 wrote:We had a similar real world condition that our project got underbid. It got postponed for more than 9 months, and finally we had to reduce the scope to rebid it.
I think your Boss was correct. Having said that, I don't know what your firm's contract with the client was. But for the sake of my explanation, and for the sake of all of us here focusing on this exam, let's assume your firm used standard, non-modified, AIA contracts. Per AIA B102 Section 5.3 "If the Owner suspends the project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Agreement...." I think in your situation the Client had a right to blame your firm because it is the Arch's responsibility to design something that will conform with that the Owner can afford. The reason I quote that is because I want to establish that I think your boss was put in a situation where you had to do a redesign as required under AIA B201 Section 5.6.3, even though the Client delayed the project. However, there was the possibility that your boss may have been able to claim some sort of extra compensation for the updating of plans for compliance with the new code under B201 Section 188.8.131.52. IF part of the project did not change during the redesign (I don't know enough about this project to say for sure), AND that part of the project that did not change needed to be updated to comply with the new code. Your boss may have had an argument to request compensation for that part only. Now, (for the sake of argument, and I know you like to think of all possible loopholes and scenarios ) if your firm was submitting cost estimates all along through the different phases of Design, AND those estimates where in-line with the actual bids that were received, and then out of nowhere the Client claims it is too expensive, you can call Bull Sh** on him and make him pay you to redesign. Then it is extra services.cpane wrote:The code changes happenedafter the 90 days window from bid date. My boss kept telling mewe didn't get pay for the revised works, (and it's $7M const cost.)I don't know what to believe.I think revising work after CD submission 90d shall be additional service (that includes code change updates, of course),but this is not the original post question.
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