C401, consultant's errors

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YU GUO

March 07, 2023 10:50

Is architect liable for errors on the consultant's documents? 

Is it related to "Vicarious liability"?

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  Michael Ermann March 07, 2023 11:19

  Let’s take the mechanical engineer who messed something up as an example….Architect is responsible for coordinating the MEP (not the other way around) …but, as far as the architect is concerned, it is the MEP’s fault….as far as the owner is concerned, it is the architect’s responsibility. The mechanical engineers’s insurance will pay the architect’s insurance, who in turn will pay the owner. How can there be two responsible parties? If you are on the Tarmac for 29 hours on a United Airlines flight because the ground crew they contracted is understaffed, you are mad at United…the people you paid to fly you to a wedding. United is mad at their contractor, but you don’t want to be made whole by the ground crew company at some later date…you want United to make it right now…same principle.

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  Rebecca Barnes March 16, 2023 00:10

  Michael - So United is the person who pays you? 

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  Michael Ermann March 17, 2023 00:25

  Yes…the people who YOU have a business relationship with (United Airlines in this example) refunds you…imagine how mad you’d be if after all of that… the airline said, “if you want a refund, take it up with the ground crew contractor we hired”

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