If during a site visit, architect notices a non conformance, what should the architect do?
I'm confused,
My understanding is architect needs to notify the contractor in writing, then if he doesn't correct it, the architect can withhold a portion of the payment related to that work. My question is:
Can architect direct the contractor to do his job?
should the architect notify the owner first?
or should the architect just withhold the payment for that portion.
Please advise.
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The architect simply rejects the work that does not comply with the contract documents. The contractor must correct the work to comply with the contract documents. It is important to cc the owner on all communications to the contractor.
See AIA Document A201, General Conditions of the Contract for Construction, Section 12.2, Correction of the Work.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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It is the contractor's job to comply with the contract documents per the construction contract. If the work is rejected, they have to redo it to comply with the contract documents, no need for the architect to order them to do or redo.
Architect does not order the contractor to do anything since the architect has no contract with the contractor and has no power to order them to do anything. That is why AIA uses the term site observation instead of site supervision to avoid liabilities for architect and clarify the architect’s role. The architect can help the contractor to understand the intent of the contract documents.
If the work does not comply with the contract documents, of course that portion of the work will not be paid.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Going through old CE posts to help with my studying and ran across this one!
Here is a question on the NCARB CE practice exam to which the correct answer is to "instruct" the contractor. The word instruct has two definitions, one is to "teach (someone) a subject or skill" and the other is to "direct or command someone to do something, especially as an official order." The first definition of would not apply here since this isn't a teaching situation, which means "instruct" is being used as a synonym for "direct" and the architect is directing the contractor to do something although the two of them do not have a contract with each other. Can someone explain this?
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Note that the answer here is not having the architect instruct the contractor to do actual work. There's a few key pieces of information in the question. It can be helpful to start at the end of the question and work backwards. This work is done under the A201, the owner wants the light fixture problem resolved, the fixture were working at the end of the project, and most importantly, substantial completion was 11 months ago. That means that the project is still within the A201's one-year correction of work period provision, where the contractor is required to fix issues with construction (rather than pay for correction during the warranty period after the correction of work period is over). Note that answer A actually mentions the provision in the Contracts that is at play here - that's not uncommon in these multiple-choice questions. Since the Correction period is still active, A isn't the correct answer. D. isn't applicable because there are lots of options still available before litigation. Same thing with C.
B. is correct but I would have avoided "instruct" as a part of the answer choice - "Contact" would have been a better word choice on the part of the volunteer Architect question-writer. In any case, the Architect still isn't interfering with means and methods here - they're instructing the contractor that there is a problem with the light fixtures that needs correcting. It is still the contractor's responsiblility to make the correction because it's less than a year after substantial completion. The architect is advising the contractor of the first path of least resistance to get the problem fixed.
Best,
Ralph, the Amber Book Team
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