How Designers, Contractors Can Avoid the Blame Game
Date Posted: August 16, 2016
Posted In: Ideas,
From ConstructionDIVE: Things are rarely perfect, and construction projects are no exception. For the most part, if there is a leak, a squeak or any other condition with which the owner isn’t happy, the responsible contractor, subcontractor or supplier can remedy the situation quickly. However, every so often, situations arise that can lead to finger-pointing and questions about who is actually responsible.
Contact design professionals throughout the project
The most serious problems on a project, said Justin Mihalik, president of the American Institute of Architects-New Jersey, tend to occur when responsibilities for all of the project players aren’t outlined at the very beginning. Often the architect is left out of critical aspects of the construction process, he said, and not consulted on minor changes that could turn into big problems at the end by the end of the job. One essential contract clause, therefore, should stipulate that if changes are made during the construction process without the approval of the architect, then the owner and the contractor are acting on their own and taking all responsibility. The same goes for the other project stakeholders.
“These days,” Mihalik said, “many developers and clients don’t take advantage of using the architect through the construction process because of fees.” They feel like once the architect or design professional hands over the drawings and specifications, he said, they have everything they need when, in actuality, that work product represents a set of guidelines that might need adjustment or clarification as the project unfolds.
This is especially true, he said, with renovation projects, which can reveal myriad unanticipated conditions that necessitate changes in design or materials. “When you can’t see through walls,” Mihalik said, “you have to do your best to take the best, educated guess as to how it’s built.” Mihalik said he always adds notes to his drawings requiring that the contractor notify him when such a wall, like in a renovation, is opened up so that he can determine what the exact condition is and put together a revised sketch or design.
When it comes to new projects, Mihalik said, the owner also has a responsibility to provide the design professional and contractor with certain information necessary to complete the project correctly, and that should be in the contract as well. For example, he said, the owner usually provides soil samples so that the appropriate foundation design can be used. “If the owner opts not to do that, they’re taking on that liability because, as the architect, we have to go with a standard approach that the soil can support this much load.”