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why is it the contractor's responsibility to obtain the building permit?

spaceghost

I am reviewing the General Conditions of the Contract for Construction of a Small Project (AIA A205). Why is it the contractors responsibility to get the permit? Don't we as architects take the project into the city to process it and answer the plan checker's questions? Do we finish the contract documents, pass them off and let the contractor process the permits? It seems like it would cause quite a delay for anything that requires corrections.

AIA A205 Excerpt

Section 3.7 Permits Fees and Notices


3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work.

3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without notice to the Designer and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Designer in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations.


 
Apr 23, 07 11:45 pm
spark

Generally the person or company who pulls the permit is also the person that is responsible for calling in when inspections are required. If the architect pulls the permit, this would somewhat cross the line of means and methods integral with the AIA documents.

Another reason, the cost of the permits is more directly applicable to the construction cost of the project rather than being a reimbursable expense on the architect's invoice.

All this being said, I have obtained permits on projects before where my firm was acting as the developer, architect and construction manager.

Apr 24, 07 12:09 am  · 
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strlt_typ

The contract assumes that there isn't a licensed architect involved in the project (the use of Designer). Once a separate owner-architect contract, in conjunction with the owner-contractor contract, is agreed upon, then obtaining the permit becomes negotiable...

that's my interpretation.

Apr 24, 07 12:28 am  · 
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When a person obtains a permit that person is legally liable for anything damage that is caused to property during the course of construction for improvements being made. So, if you are getting your roof redone for instance and the ladder falls on your neighbors car, whom ever pulled the permit is responsible and maybe sued by the neighbor. So, just as a word of advice, if you are a home owner and the contract tells you that you are in charge of pulling the permit, I'd be careful and make sure that contractor has a contractor license number because they are pulling your leg already.

I work for a city in Florida, so I can just tell you thats the way it works in florida.

Apr 24, 07 10:42 am  · 
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cln1

what has been said above + the person who obtains the permit is generally the entitiy performing the construction work. on just about every project larger than a single family residence, the architect is required to submit a controlled construction affidavit to the building department.

I have also NEVER worked on a project where the architect has not met with the building department before the project going out to bid.

so what i have seen is: coordination meetings + no surprises with the building commissioner - Architect / Engineer Affidavits - Architect fills in portions of the building permit application, which is then completed and filed by the person performing the work.

also, for anything larger than a single family residence, you typically must be a licensed contractor (each individual trade) in order to obtain the permit, which most architects are not...

Apr 24, 07 11:02 am  · 
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silverlake

Typically the architect proceeds thru plan-check to the point where the permit is 'ready to issue', at which point the contractor or owner can come in and pay for it and assume liability for reasons stated above.

Thats pretty boilerplate anywhere in CA, but depending on which city your in there is a lot of variation on the scope relating to contractor's licensing and bonding, etc...

Apr 24, 07 11:47 am  · 
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aquapura

I've done work all over the US and it's common practice all over for the architect to handle the plan-check and notify the GC when the permit is ready. At least on GMax projects with tight schedules. Often I have used an expediter to submit the drawings directly to the city, or walked them in myself. If up front fees are required the owner has always provided that and not been paid by the arch as a billable expense.

On the traditional design-bid-build there's a fair amount of lag time before you have a GC to submit the drawings for review. Thus the reason many corporate clients don't want to follow this process. When I did educational/civic work we did this but the process took what seemed like a lifetime.

Have also done design-build projects where I never heard a thing from the plans reviewers. The owners Construction Manager handled it on that.

Apr 24, 07 12:05 pm  · 
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spaceghost

hey all.

thank you very much for your responses. i have been on lots of different projects in during most of the phases but I haven't been lucky enough to take a project from the beginning to the end yet. i have now been presented an opportunity to do so on my own, and i have learned a lot so far but find myself missing information on things i probably took for granted before. thanks again for clearing this up for me.

Apr 24, 07 4:08 pm  · 
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lmdarch

I'm in Georgia and at the two firms I worked for prior to going out on my own, the contractor or the owner were the ones that submitted for permit. Sometimes they would use an expeditor. The architect was listed on the coversheet so whenever there were questions from the building official, they would contact us directly for clarification or to let us know that there were corrections. Sometimes they would just notify the owner or contractor that there were corrections necessary - we'd then get the drawings, make the revisions, and get them back to whoever to resubmit. When necessary, we would go down to the building department to meet with code officials to discuss, but still, the contractor or owner were the ones to submit and start the process, in addition to being the ones to pay the fees and pull the permit.

I did recently have a client act surprised when I told them that I don't submit for permit - but like I said, that's the only way I've ever done it in Georgia.

Many years ago, I worked in Chicago, and there, we did submit for permit. I hated that. Nothing like having to trudge through a snowstorm to get your drawings to the building department...

Sep 20, 07 1:17 am  · 
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holz.box

once again, i hate seattle's dpd...

Sep 20, 07 1:33 am  · 
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