A project I finished last year had the following issue. What is your take? Trying not to include too many details. Your reponses are pure SnG.
The drawing set has two sets of floor plans, Fire Rated walls and code issues on one set and architectural dimensions and information on the other. The drawing sets contradict each other and rework had to be done.
The contractor built to the architectural sheets which had the incorrect wall types on them and the architect said he should have followed the code related drawings that showed the fire rated wall types that ended up being built there.
Does the contractor get paid an extra for building per the architectural wall types which did not match the fire rated wall requirements per the code set of drawings?
the architect should have coordinated between the two plans, but the contractor should have caught the (obvious?) contradiction and asked the architect to clarify.
i think the contractor should not get paid extra - the contractor should have reviewed the drawings more thoroughly prior to starting construction.
based on what you've told us, I don't think we can advise you definitively one way or another -- so much depends on the contracts that are in place between the architect / owner and between the owner / contractor and how well those contracts are coordinated.
contracts for construction and the specifications typically will contain language that defines which documents take precedence when there are inconsistencies in the contract documents (and there always will be inconsistencies). often this language goes something like this:
A. In the event of conflict or discrepancies in the Contract Documents, then the following shall govern in the order stated:
1. Figured dimensions on the plan shall govern over all scale drawings, except those designated as full size drawings.
2. Large scale details shall govern over small scale drawings.
3. Figured dimensions in specifications shall govern over scale drawings without figured dimensions.
4. Specifications shall govern over plans and general notes insofar as quality of material, quality of workmanship and composition of materials are concerned.
B. The hierarchy of precedence above does not authorize the Contractor to decide which of the conflicting versions to follow for construction. The Architect is the sole party authorized to resolve conflicts in the documents.
What precise language (if any) that exists in your documents becomes very important.
The O/C contract typically requires the contractor to notify the architect when he discovers inconsistencies -- but I believe case law does not place an affirmative and absolute obligation on the contractor to look for and identify all inconsistencies -- only those that come to his attention.
My advice -- go back to the contracts that are in place and determine what contractual obligations exist. then, negotiate the best deal the contract documents support.
meta ... i take your point ... but, i also have been doing this long enough to understand that given the schedules imposed upon us and the low fees that we are forced to accept, it is inevitable that even if we're quite diligent, some inconsistencies and errors will creep into our documents ...
we're not asking the GC to "figure all this shit out" ... we're asking the GC to make a reasonable effort to review and understand the contract documents so he can build the project ... when he uncovers inconsistencies, all we're asking him to do is let us know or ask a question before he puts the work in place.
i don't think that's too much to ask. but, i recognize that many contractors don't necessarily see it the way i do. contractors who see themselves as part of the "team" generally are willing to do this ... contractors who see themselves as adversarial with both the owner and architect won't.
Jan 12, 08 1:21 pm ·
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Judge Jury Executioner
A project I finished last year had the following issue. What is your take? Trying not to include too many details. Your reponses are pure SnG.
The drawing set has two sets of floor plans, Fire Rated walls and code issues on one set and architectural dimensions and information on the other. The drawing sets contradict each other and rework had to be done.
The contractor built to the architectural sheets which had the incorrect wall types on them and the architect said he should have followed the code related drawings that showed the fire rated wall types that ended up being built there.
Does the contractor get paid an extra for building per the architectural wall types which did not match the fire rated wall requirements per the code set of drawings?
the architect should have coordinated between the two plans, but the contractor should have caught the (obvious?) contradiction and asked the architect to clarify.
i think the contractor should not get paid extra - the contractor should have reviewed the drawings more thoroughly prior to starting construction.
based on what you've told us, I don't think we can advise you definitively one way or another -- so much depends on the contracts that are in place between the architect / owner and between the owner / contractor and how well those contracts are coordinated.
contracts for construction and the specifications typically will contain language that defines which documents take precedence when there are inconsistencies in the contract documents (and there always will be inconsistencies). often this language goes something like this:
A. In the event of conflict or discrepancies in the Contract Documents, then the following shall govern in the order stated:
1. Figured dimensions on the plan shall govern over all scale drawings, except those designated as full size drawings.
2. Large scale details shall govern over small scale drawings.
3. Figured dimensions in specifications shall govern over scale drawings without figured dimensions.
4. Specifications shall govern over plans and general notes insofar as quality of material, quality of workmanship and composition of materials are concerned.
B. The hierarchy of precedence above does not authorize the Contractor to decide which of the conflicting versions to follow for construction. The Architect is the sole party authorized to resolve conflicts in the documents.
What precise language (if any) that exists in your documents becomes very important.
The O/C contract typically requires the contractor to notify the architect when he discovers inconsistencies -- but I believe case law does not place an affirmative and absolute obligation on the contractor to look for and identify all inconsistencies -- only those that come to his attention.
My advice -- go back to the contracts that are in place and determine what contractual obligations exist. then, negotiate the best deal the contract documents support.
Good luck -- I don't envy you in this situation
this usually ends up a negotiated situation. there's no one answer.
but it is also the reason there are RFIs
meta ... i take your point ... but, i also have been doing this long enough to understand that given the schedules imposed upon us and the low fees that we are forced to accept, it is inevitable that even if we're quite diligent, some inconsistencies and errors will creep into our documents ...
we're not asking the GC to "figure all this shit out" ... we're asking the GC to make a reasonable effort to review and understand the contract documents so he can build the project ... when he uncovers inconsistencies, all we're asking him to do is let us know or ask a question before he puts the work in place.
i don't think that's too much to ask. but, i recognize that many contractors don't necessarily see it the way i do. contractors who see themselves as part of the "team" generally are willing to do this ... contractors who see themselves as adversarial with both the owner and architect won't.
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