Walking the ARE Practice Exam - Architect's Liability for Mistakes

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James Ryan

August 23, 2021 23:36

Hi all-

I have a question related to Erik Walker's Walking the ARE exam, question 50, where it states a door supplier informed the GC that the hardware the architect specified is not in compliance with ADA, and the "cost to fix" is $17,500. It asks who is responsible for paying for "the fix." The question is not clear on whether the wrong hardware was ordered already.

I understand why the answer is the architect is responsible to pay for "the fix" if the hardware was ordered, but let's say the question is vague about whether or not the hardware was ordered yet, and so the price for ADA compliant hardware is $X more than the original bid, wouldn't the architect only be required to pay for whatever more it may cost now than if it were included in the original bid? This being since the owner would have already had to have paid that amount for compliant hardware.

Thanks for your thoughts!

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  susandeal August 31, 2021 13:56

  In this scenario I would assume the hardware has not been ordered as the comment about non-compliance came from the supplier, and their shop drawings and hardware submittals would have to be approved before an actual order could take place.  A supplier would not likely prepare submittals for something they knew was non-compliant.

  The architect will pay the difference,whether it includes return and restocking fees or not.  You will know by the info in the question whether costs have already been incurred.  If you were being asked to calculate the cost of an error like this, you'd want to pay attention to any invoice or anything that might be used as an exhibit, because things like return/restocking fees are probably going to be up to you to find.

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  HaythamNCARB September 01, 2021 08:09

  Since the project would require to install the ADA compliant hardware ( $ 2 X ) and the architect specified ordinary hardware  ( $ 1 X ), the owner shall pay for the differences ( $ 1 X ) and the architect will pay for the all the fee incurred due to the mistake like shipping and handling of the new hardware but not the hardware itself. This is the idea of betterment. So, the correct answer should be " Owner " not " Architect "

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