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Juan Valdes

October 15, 2024 20:46

who bears the responsibility for the damages resulting from the non-performing substituted plumbing fixtures authorized by the owner and installed by the contractor without the architect's knowledge? Does anybody knows?

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  Manuel Ignacio Granja Carbo October 15, 2024 21:12

  I think the contractor is the main responsible since is the professional. 

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  Juan Valdes October 17, 2024 02:00

  Thanks for answering. But shouldn't the owner pay? He's the one that authorized the change.

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  Dwayne Hibbert October 31, 2024 20:28 (Edited October 31, 2024 21:00)

  I vaguely remember a portion of the AIA Handbook of Professional Practice saying that the contractor has to sign a waiver of additional time and cost adjustment if the proposed substitution fails to perform as expected so the contractor would be responsible for replacing the item. That is if CA protocols are fully followed, and the Architect is involved. I think that there are also other things to consider in terms of the arrangement between the owner and contractor regarding the substitution. If it was done on a cost basis then in most cases, performance would be compromised, which I think would have the owner at fault and if that situation was flipped then it would be on the contractor. If it was done on the basis of cost however, I think that the Architect would advise the owner that a review of the Manufacturer's specs (as an additional service) would have to be done to see if the item was installed properly before considering a replacement.

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