Owner Acceptance of Nonconforming Work

Follow

Brandon Eickhoff

January 25, 2023 03:34

Hi! 

A201, Article 12.3: Acceptance of Nonconforming Work

"If the owner prefers to accept work that is not in accordance with the requirements of the contract documents, the owner may do so instead of requiring its removal and correction, in which case the contract sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made." 

If final payment has been made, what is the procedure for this? That is, can a change order still be prepared? 

0

• 

  Rebekka O'Melia March 14, 2023 16:10

  HI Brandon,

  The architect would not certify a payment for non-conforming work.  If an owner chose to accept it (and sometimes they do in the interest of time if the work is OK, just not what was specified) they would typically get a credit for the lesser quality aspects.  

  If it wasn't caught, yes, it'd be a change order order.  The owner would get the $$.

  Hope this helps!

  Rebekka O'Melia, R.A., NCARB, B. Arch, M. Ed, NOMA, Step UP ARE 5.0 Courses

  1

  Comment actions Permalink
• 

  Brandon Eickhoff March 20, 2023 18:12

  Thank you, Rebekka!

  0

  Comment actions Permalink
• 

  Rebekka O'Melia March 21, 2023 16:51

  You're welcome Brandon!  

  Rebekka O'Melia, R.A., NCARB, B. Arch, M. Ed, NOMA, Step UP ARE 5.0 Courses

  0

  Comment actions Permalink

Please sign in to leave a comment.