Our firm has run into a situation recently where we were asked by the Landlord of a client (tenant) to provide the Landlord with a 'Letter of completion' and 'As built' CAD drawings for the design scope of work (with "As Built" in the titleblock.)
As far as I understand we are not responsible for "as built' drawings and only obligated (if requested) to provide 'Record Drawings' instead. The GC should be the one to provide the 'as built's' and we use their drawings as a basis to update the design team drawings to generate a record set. This I feel pretty confident about but if anyone has another take on that let me know.
Given their misstep on the 'as built' drawings I'm also a little concerned about this 'letter of final completion' they are requesting from us. We originally issued the G704 for substantial completion but they are saying this will not suffice. They would like us to sign a statement that says 'Tenant's work has been completed in accordance with the Tenant's final plans.' Is this something we can and should be requested to provide? Is there a standard contract for us to complete that would be considered 'Final Completion'? I have always understood final completion to be more relevant to liens and waivers than completion of physical work.
It should be noted that the Landlord is a very large company (that shall go unnamed) with lots of real estate holdings, however they've been amiss on things before and the organization of this large retail development we were working on was pretty scattered, so it's not outside of the realm of possibility that they are in the wrong on this. However, they are holding the tenant's deposit hostage for these items so we need to figure out how to resolve without putting our firm unnecessarily on the line.
Any feedback would be appreciated. Thanks!
jcarch
Apr 28, 17 3:42 pm
Is this in NYC? If it is, maybe you could provide the letter of completion from the DOB, which they issue to you as the applicant of record. The letter states that as far as DOB is concerned, the project is complete and was carried out according to the filed plans.
I'd be nervous about writing my own letter of completion, and it's not clear what the purpose of the letter is. Would you be creating some liability for yourself? I don't know. It sounds like the LL is your client, not the tenant? If that's the case, shouldn't the tenant's architect have to worry about this?
For as-built's, we charge additional services for providing them - but that's spelled out in the contract that they've signed at the start of the project.
Everyday Intern
Apr 28, 17 4:44 pm
What does your contract say? Are you bound to deliver anything to the landlord? The tenant is your client, not the landlord. There may be a clause that states you're bound to your client as they are bound to the landlord per their tenant agreement. If that's the case, review what the tenant agreement requires. Hopefully you've accounted for it in your fee, or can get an additional service request authorized by your client to do the work.
Re: Letter of final completion ... you certified the final application for payment, right? That essentially says that the contractor has completed their work. That should be sufficient.
Re: For as-built drawings ... make sure everyone is clear on the definitions of as-built vs. record drawings: Terminology: As-Built Drawings, Record Drawings, Measured Drawings. Then follow what the contracts say. Check your agreement with your client, and check the contract with their contractor. That should clear things up. If not, good luck getting what you need from the contractor.
Edit: sorry for the web archive link. AIA site has been a mess since they've updated it most recently.
mohammed el-khatip
Apr 29, 17 3:41 am
i have a question also, is it allowed to architect to make the as-built himself even though he was the supervisor ?? and if it is OK , which organization will he submit to ?
joseffischer
Apr 6, 18 4:04 pm
I love how an every day intern is the first to post "what does the contract say?" Great job intern!!!
deannaditashorts
Mar 6, 18 2:06 pm
what did you end up doing? We are running into similar issue.
new_hire
Apr 6, 18 11:59 am
I agree with Everyday- final RFP + letter of substantial completion should suffice.. There isn't an AIA document that states "final" completion so you could always claim to LL that you're going by AIA and not their shifty letter style.
If they're pushing and you want something more informal, lift the text from the letter of substantial completion and add a line about there being no items remaining under the contract with the GC
Our firm has run into a situation recently where we were asked by the Landlord of a client (tenant) to provide the Landlord with a 'Letter of completion' and 'As built' CAD drawings for the design scope of work (with "As Built" in the titleblock.)
As far as I understand we are not responsible for "as built' drawings and only obligated (if requested) to provide 'Record Drawings' instead. The GC should be the one to provide the 'as built's' and we use their drawings as a basis to update the design team drawings to generate a record set. This I feel pretty confident about but if anyone has another take on that let me know.
Given their misstep on the 'as built' drawings I'm also a little concerned about this 'letter of final completion' they are requesting from us. We originally issued the G704 for substantial completion but they are saying this will not suffice. They would like us to sign a statement that says 'Tenant's work has been completed in accordance with the Tenant's final plans.' Is this something we can and should be requested to provide? Is there a standard contract for us to complete that would be considered 'Final Completion'? I have always understood final completion to be more relevant to liens and waivers than completion of physical work.
It should be noted that the Landlord is a very large company (that shall go unnamed) with lots of real estate holdings, however they've been amiss on things before and the organization of this large retail development we were working on was pretty scattered, so it's not outside of the realm of possibility that they are in the wrong on this. However, they are holding the tenant's deposit hostage for these items so we need to figure out how to resolve without putting our firm unnecessarily on the line.
Any feedback would be appreciated. Thanks!
Is this in NYC? If it is, maybe you could provide the letter of completion from the DOB, which they issue to you as the applicant of record. The letter states that as far as DOB is concerned, the project is complete and was carried out according to the filed plans.
I'd be nervous about writing my own letter of completion, and it's not clear what the purpose of the letter is. Would you be creating some liability for yourself? I don't know. It sounds like the LL is your client, not the tenant? If that's the case, shouldn't the tenant's architect have to worry about this?
For as-built's, we charge additional services for providing them - but that's spelled out in the contract that they've signed at the start of the project.
What does your contract say? Are you bound to deliver anything to the landlord? The tenant is your client, not the landlord. There may be a clause that states you're bound to your client as they are bound to the landlord per their tenant agreement. If that's the case, review what the tenant agreement requires. Hopefully you've accounted for it in your fee, or can get an additional service request authorized by your client to do the work.
Re: Letter of final completion ... you certified the final application for payment, right? That essentially says that the contractor has completed their work. That should be sufficient.
Re: For as-built drawings ... make sure everyone is clear on the definitions of as-built vs. record drawings: Terminology: As-Built Drawings, Record Drawings, Measured Drawings. Then follow what the contracts say. Check your agreement with your client, and check the contract with their contractor. That should clear things up. If not, good luck getting what you need from the contractor.
Edit: sorry for the web archive link. AIA site has been a mess since they've updated it most recently.
i have a question also, is it allowed to architect to make the as-built himself even though he was the supervisor ?? and if it is OK , which organization will he submit to ?
I love how an every day intern is the first to post "what does the contract say?" Great job intern!!!
what did you end up doing? We are running into similar issue.
I agree with Everyday- final RFP + letter of substantial completion should suffice.. There isn't an AIA document that states "final" completion so you could always claim to LL that you're going by AIA and not their shifty letter style.
If they're pushing and you want something more informal, lift the text from the letter of substantial completion and add a line about there being no items remaining under the contract with the GC