I recently listened to a podcast from a construction law expert (Lawyer) and he mentioned section 18.104.22.168 I believe is the article about Architects not being responsible for means and methods, safety and so forth. He brought up an scenario where there was no safety precautions around an elevator shaft. The architect saw the issue and documented it but did not tell anyone to do anything. It was recorded in the Observation report. Then one of the workers fell, hurt himself and sued the contractor. The architect also got sued and was found liable because he recorded the incident. The lawyer recommends that architects dont record anything but as human beings informally inform the GC about the safety concern. What is the right thing to do from NCARBs perspective in cases like this? The A201 and B101 tells us what to do contractually but there is a line there between ignoring a safety issue because it is not your responsibility or doing something about it to protect the health and safety of the public.
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