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Whose fault is it?

nicolehillwest

Can a client ask the contractor to replace tiles after the CA issued certificate of practical completion (which indicated their satisfaction). The client assumed the tiles would be replaced after moving a counter somewhere else. The contractor says that there was no mention of replacing the tiles under the counter in AI. Now client says it has to be replaced but he won't pay, and the contractor won’t do it as its after Practical completion certificate was issued and it wasn’t in AI. Who is it to blame? What actions should the CA take?

Thanks a lot.

 
Jan 15, 20 3:09 pm

This should be good

Jan 15, 20 3:25 pm  · 
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citizen

Let's replace blame and fault with responsibility.

I'd argue that the client is responsible.

Jan 15, 20 3:30 pm  · 
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atelier nobody

If it wasn't on the punch list when the certificate of substantial completion was issued, then it's not the Contractor's responsibility.

Jan 15, 20 3:35 pm  · 
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SneakyPete

Contractually speaking, whose responsibility is it to create and manage the punch list?

Jan 15, 20 3:53 pm  · 
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Chad Miller

Oooh, oooh, I know this one!

Jan 15, 20 3:56 pm  · 
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Careful, I don't think the OP is in the US.

Jan 15, 20 4:12 pm  · 
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Chad Miller

I think the OP is the client . . .

Jan 15, 20 4:22 pm  · 
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Non Sequitur

ding ding ding....

Jan 16, 20 9:46 am  · 
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SneakyPete

"The client assumed" kinda says it all unless the contract documents indicated the work was to be done.

Jan 15, 20 3:54 pm  · 
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Chad Miller

I assume it's carpet tiles correct?  

Jan 15, 20 3:55 pm  · 
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A client can ask for anything. That doesn’t mean they’re going to get it.

Jan 16, 20 10:01 am  · 
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