Inspection VS special Inspection

[zrh2103]

Is the Contractor responsible to pay for required government agencies’ inspection?

What about special Inspection? I assume Owner pays for it since owner will need to hire qualified inspector.

[dkismet]

Special inspections should be noted inside the contract documents, usually by the structural engineer (but not always). The idea here is that the Contractor is responsible for paying for any inspections/testing that is foreseeable and required by the CD's in order to complete the work. Obviously, gov't permits and inspection are foreseeable. Special inspections are also foreseeable and required to complete the work. Therefor fall part to the Contractor's responsibility.

'Surprise' or preferred inspections, tests, services, etc will be the Owner's responsibility...If they are required, due to fault of the contractor, he will then have to reimburse the owner for such expenses.

[Coach]

Owner must hire and pay for special inspections directly.

[zrh2103]

This is making me uneasy. Special Inspection is required by local agency as a statement that design professional in charge needs to submit. According to A201 3.7.1, contractor is responsible to pay for it.

"Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for building permit as well as for other permits, fees licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time of bids are received or negotiation concluded."

However, Coach is also right about owner hires special inspector which mean owner pay for special inspections (states in Knowledge 54) but dkismet is also right.

please help me to further clarify this.


the only thing i can think of is special inspection doesn't live in the construction docs, so it is paid by the owner. Inspections list in the construction doc are paid by the contractor.


Am I reading this too in depth?

Owner must hire and pay for special inspections directly.

[dkismet]

from the CBC Section 1704.4:

.... The owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more approved agencies to perform inspections during construction on the types of work listen under Section 1705. These inspections are in addition to the inspections identified in Section 110

from A201:

§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

So I guess the question is, does CBC section 1704.2 prohibit the owner from delegating their cost to the contractor?

I mean it does say the owner shall employ the special inspector. So It sounds like the contractor can no be made responsible for employment of the special inspector IF the special inspector is inspecting work that falls under the inspection types specifically identified in Section 1705. Other inspections that may be required by the design professional, and not by section 1705, would be paid for by the contractor.

[Coach]

So I guess the question is, does CBC section 1704.2 prohibit the owner from delegating their cost to the contractor?

Yes.
There are a lot of special inspection forms online from various cities and counties that say as much.

Since special inspections are conducted by private party firms, the idea is to prevent collusion between contractor and inspector.

[zrh2103]

Thank you Coach, you summed up this post:

Inspection paid by the contractor
special Inspection paid by the owner.

So I guess the question is, does CBC section 1704.2 prohibit the owner from delegating their cost to the contractor?

Yes.
There are a lot of special inspection forms online from various cities and counties that say as much.

Since special inspections are conducted by private party firms, the idea is to prevent collusion between contractor and inspector.