Why is the contractor not responsible?

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Yuan Ma

January 16, 2023 22:26

Even though this is a code issue, why is the contractor not responsible for not checking the dimensions? Isn't this a mistake that is very likely to be caught by doing field measurements Can the architect turn to the contractor to seek joint responsibility? 

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  Haytham Abdelrahman Abdelall January 17, 2023 06:03

  The question stated that the project is nearing completion since code inspector is inspecting the part of the project. The contractor has no obligation at this point to demolish the non compliance part.

  As per A 201, the contractor is not responsible to find mistakes in the contract documents. Code compliance like this case is a pure Arch responsibility. 

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  Rebekka O'Melia January 20, 2023 16:35

  We have to design restrooms that comply with the requirements of the building code.  The time & consequential damages were waived by the B101 contract.  

  Typically SOMEONE usually catches a mistake like this before it's built.  The code reviewer for the city would have to approve the plans first also.  And then the contractor might catch a mistake too.

  Hope this helps!

  Rebekka O'Melia, Registered Architect, NCARB, B. Arch, M. Ed, Step UP,  Step UP ARE 5.0 Courses 

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  Gang Chen January 21, 2023 02:20

  If the contractor notices a discrepancy or mistakes on the plans, s/he has the responsibilities to bring it to the architect’s attention. However, the contractor has no responsibilities to do QA/QC for the plans. So, this one is fairly and squarely on the architect.

  Gang Chen, Author, AIA, LEED AP BD+C (GreenExamEducation.com)

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