Case Study #2 – Discrepancy in Concrete Mixture – Sarawat Juthy

An Architect is not only responsible to inspect the Work, but also to do the best of his/her skills and knowledge to save the Owner money. In a situation like this, the Architect must inform the Owner about the possible risks he is taking, both physical and financial, through this decision. The fact that changing the proportions of the Concrete mixture was an undocumented modification unacknowlegded by the Contract, and decided by the Owner and the Superintendent, the Architect should speak to the Contractor about this matter. A Superintendent is the Contractor’s representative. It is his duty to supervise the site and inform and communicate with the Contractor regarding any issue. If changing the concrete mixture portion was something the Superintendent hid from the Contractor, this must come to the Contractor’s knowledge. The contractor is responsible to supervise and direct the Work and therefore solely responsible(3.3.1). If the General Contractor sees the problem but constructs anyway without reporting, he will be liable for the remediation cost. Therefor, If the General Contractor perform nonconforming work knowingly, he assumes responsibility for Work and remediation.(3.7.3) 

The architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties (1.1.2). As 9.5 gives the Architect the authority to withhold certification of payment, the Architect will notify the Owner and Contractor in writing the reasons for withholding payment in parts or in whole. If Architect and Contractor can not agree on a revised amount, Architect will issue the certificate for the amount the Architect feels is reasonable. 

4.2.6 also gives the Architect the authority to reject work that does not conform to the contract documents. And If the Architect rejects work, the Contractor must correct it (12.2).