Having a hard time understanding responsibilities

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4 comments

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    David Kaplan

    Afxentis,

    Seeing your other posts about difficulty understanding the contracts.  There's pretty good documents out there, specifically for the B101 General Conditions, that have commentary.  Back when I was studying for the 4.0 tests, I had a version of B101 that had the actual verbiage from the contract side-by-side with an explanation of what each paragraph was saying.  This might be something you should look for, I'm sure it's out there somewhere. 

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    Afxentis Christoforou

    David,

    I have similar documents explaining the contracts through YA, Amber, and Pluralsight-I think the issue I am having is they're not based on situations and applying it to a certain scenario. For example, I understand the "micro" and how that clause works by itself and the general idea of it, but the "macro" on how that clause affects the family of contracts messes me up. Maybe it's just the lack of explicitness I'm missing? Not sure how to improve on this.

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    Eyad Kalaji

    The best source of information i found regarding the contracts are schiff harden lectures, they are free online, he goes step by step in the contract and explaining it very clearly with real life examples. 

    can be found from here : https://www.schiffhardin.com/professionals/attorneys/d-i/hanahan-michael-j/hanahan-lecture-notes-2019

    as for your question , i don't know who pays the 20k , i hope somebody help answering it ?

     

    Thanks

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    Kurt Fanderclai (Edited )

    Hi Afxentis,

    The advice above to study the contracts themselves is always wise advice.

    A critical add:  Your original question gives me the impression that you don't yet understand the concept of Standard of Care.  

    It may surprise you to learn that the design team will not automatically be liable to pay for errors and/or omissions in the drawings during construction.  Perfection is not required.  (Also look up the Spearin Doctrine).  The Standard of Care is essentially the level of service expected from an ordinary architect under typical circumstances.  Since most projects are beta one-offs, errors and omissions are an industry expectation. 

    So, Owners pay for errors and omissions within the limits of reasonable Standard of Care and service.  This is often not conveyed to Owners -- but it is necessary to do so early in the process.  Without this understanding, Owners will often be surprised and angry as Change Orders are presented to cover errors and omissions.  

    However,  there is a point, which is not so easy to define, where enough errors and omissions may rise in both number and scale to the level of negligence -- which is the definition of the lack of the Standard of Care.  At this point, Owners can and do go after the design team, because a negligent design team is in fact liable.  

    Also...  study the C401.  This document spells out the relationship of the Consultants to the Architect, and should also help your understanding.

     

     

     

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