Error and or Omissions by Architect

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    Erica Spayd

    I believe in most instances, errors and omissions would be paid for via a change order, and therefore by the owner. In certain instances the owner may have recourse against the Architect if an error was egregious enough for the Architect to be considered in violation of the Standard of Care.

    I tried finding a direct mention of this in my reference materials, but I came up empty. However, I'm fairly certain it is correct. I'll take another look at my references and see what I can find.

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    Francis Pham

    Any takers? =)

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    Samuel Forman

    Hey Francis, here are my thoughts.

    If there is an error in the Contract Documents that was made by the Architect, then the Owner is responsible for the cost and correction of the work. According to A201 3.2.2; The Contractor is to review the Contract Documents for the purposes of coordination; not to find errors or omissions in the Contract Documents. If an error is found, it should be reported to the Architect for the Architect to fix and re-issue.

    I cannot find a direct instance where it states that the Owner is responsible for the cost. However, when an architect asks the GC to uncover work that was done correctly, it is at the cost of the Owner so I think this instance would follow suite.

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    Francis Pham

    Thank you Samuel,

    I couldn't agree with you more. I think sometimes i try and talk myself out of what i think is right. I was searching for a direct instance and couldn't find it. I wasn't sure who would pay when the architect omits something form the drawings.

    I'd like to think, based off of my reading is:

    Owner: Responsible for the land

    Contractor: Responsible to build per contract documents and construction site/means and methods.

    Architect: Responsible for design and contract drawings up until CA. During CA, in terms of drawings, they are responsible for correcting and issuing CCO, minor change, CO. They are not responsible for any correction of work the GC has to make.

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    Sean Ragudo

    This question needs to be broken down into the most basic form of what is being asked.  Is it part of the work? And, who pays for the Work? The answer is that the Owner pays for the Work.  Errors in the contract documents, once brought to the attention of the Architect and fixed, (via ASI, CCD, COP) become the Work.  Any work performed in deviation from the contract documents, or damage(s) caused by the Contractor, are not part of the Work.  See also portion of AIA B101 below

    AIA document B101-2007 Article 6 Section 6.1.  

    "For purposes of this Agreement, the Costs of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit.  [The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs] that are the responsibility of the Owner."

     

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    Francis Pham

    Thank you everyone for the help and clarification!

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