One of the first comments about this reading was that the owner is not always right, and I agree with her. Sometimes the owners are wrong or confused because they didn’t know what they really need and creates a barrier between what they need and what they want, and this is a typical case. In my professional live I had to deal with persons that knew what they wanted but not what they needed and sometimes negotiating or explaining these issues could become more complicated when they are your friends.
There is a big difference between retail store employees and headquarters staff because they have different roles, they have different needs. As a result, they need different spaces. This is one of the first things that I need to tell the owners. In this case, what the owner wants is not related to the real necessity of its employees.
In my opinion, this issue needs to be discussed from the very beginning because sometimes the owners need more time to process all the arguments, we give to them. If not, they are going to think that we change our mind or that we do not know about the subject. From the beginning, the owners are going to have an idea of what is best for them. We need to talk about the benefits that they are going to obtain if they follow our advice. For instance, I could talk about the policies of other companies like Tiffany & CO and how their employees benefit from it.
This problem is more common than we think. For instance, I bought a Dell computer and need to talk with a sales representative. When I answered the phone, I heard more than four peoples talking at the same time, making hard for me to understand what the saleswoman was saying, and the first thing that comes to my mind was this reading. I understand that the calling center is in India, but it made a very bad impression on me. So now I have a new argument when I meet with clients who don’t know what they need.
I think in this case the architect should withhold the final payment for the contractor since the contractor did not follow the contract document. Revise the contract documents and try to find legal advise, since any inconvenience due to the negligence of the contractor and the owner could bring legal problems to the architect.
The architect can request a written variance from the building department for the code violention, and request the owner to give him a written document that the architect has no further responsibility for the material being used. And then terminate the architect’s contract with the owner.
Francisco Cuevas Lopez
This looks weird. However, from time to time this happens and could has fatal consequences if we follow the wishes of uninformed owner. According to the Owner-Architect agreement the architect is responsible to represent the owner interest with the contractor. In this case the owner broken that agreement as a result the Architect doesn’t have any responsibility. An this is specified in the Owner-Architect contract the B101. In the article 2 the architect assumes a responsibility, so for this, the architect maintain an insurance of Professional liability. In the Article 3 of the B101 there are basic services provided by the architect.
In article 3.1.4 said” Architect is not responsible for Owner’s change of work or acceptance of nonconforming work.” The architect is requiring to certify the contractor request in this situation as a professional I would denied the payment order. According to the section 13.4.1 the contractor has the responsibility for the work and I will not sign the payment order until the contractor fix the concrete mixture, according with article 220.127.116.11
On the other hand, I will talk with the owner and explain firstly, that he didn’t follow our contract, that he puts in risk the life of several families because this is multifamily housing. Secondly, I am not going to put in bad shape my well-earned reputation and finally, I’m not going to break the law, my morals, and my contract to save the owner a few thousand dollars, and tell the owner to let me work according to our contract without interference.
In this project I want to apply what I Learned with Professor Charles Jenkins because I am interested in this activity field. I think it is very interesting and at the same time it is a lucrative business. This could help me in my professional development. I began making some basic questions.
What is a Façade renovation?
Why we renovate façade?
Who can renovate a facades?
Do I need a License, who give me it?
Do I need to study If I want to renovate a façade?
Where can I study to renovate a façade?
What do I need to renovate Façade?
What trades are involved in this industry?
What technical skills di I need?
Who gives me a permit to renovate a façade?
Who are the owners and how can I introduce myself into this business?
The owner seems to be blinded by the potential money savings, so he/she does not grasp the future consequences of the mistake he is making . Legally, the architect should be the interpreter of the requirements of the contract documents and the judge of the performance of both the owner and the superintendent. By building code one is required one is required to take a core sample to test the compressive strength of the concrete.
Under 13.4.3, “if procedures for testing ,inspection, or approval under section 13.4.1 and 13.4.2 reveal failure of the portions of the work to comply with requirements established by the contract documents, all cost made necessary by such failure, including those of repeated procedures and compensation for the architect’s services and expenses , shall be at the contractor’s expense.” Meaning that if this is kept under wraps when results of the concrete mixture are found, the expenses to fix the work shall be provided by the contractor.
Also, before things get to this point the architect to cover his bases should have submitted Change Orders and Construction Change Directives to the owner (4.2.8) “ The Architect will prepare a Change of Orders And Construction Change Directives. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4” For payment issue the architect can with hold (18.104.22.168)The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.32, because of detective Work not remedied.
As an architect, one must design and help facilitate the building of safe structures. After being put in this situation, said architect should again notify the owner of the contractors’ errors in writing according to article 4.2.3. With this the architect covers themselves from any responsibility if the building were to fail. Due to the fact that the contractor is also unaware of the decision that Owner and the Superintendent made, it could also be discussed with him about the mixture change, as he must know based on article (Article 3.3.1).
The architect is entitled to performance and enforcement of obligation under the signed contract which is in place (Article 1.1.2) to allow the architect to withhold payments if the work observed isn’t up to the standards they specified in the drawings. Once the payment is withheld, the architect will notify the owner and the contractor the reason. The rejected work must be corrected by the contractor according to Article 4.2.6.
· The architect cannot succumb to the contractor as he will lose his licenses.
· according to the article 3. 4.2.8, The architect should have proof of the situation as the superintendent of construction has been cheating on the construction elements, which will affect public safety. have a plan and the exact amount of construction that need to be add to make the property safe.
·the article 4.2.3 stated the architect should have the owner states that he is aware of the safety issue.
· According to Article 4.2.6 The architect can reach out to the court or the public authority, having a justification that requests all work to stop until the issue is cured or until the building gets inspected.
· Section 9.10; The architect will hold the certificate of pay and notify the contractor, stating the reason for keeping the payment.
· Or according to the AIA A201 and form B101 agreement, the architect can terminate the owner, which will notify the owner within 7 days, which will give the owner time to resolve the termination.
An architect has ethical values. The steps that should be done after encountering such information should lead to a reasonable solution. According to article 4.2.3 – The Architect should notify the owner in writing if errors are found. Even though the client is aware of the issues the architect should further explain the cons of such a risky situation. The next step would be to fill in the contractor about the superintendents in charge. Then the architect can follow Article 4.2.6- The architect can reject work that does not confirm to the contract documents. The architect should do an inspection of the work in accordance with subsections 13.5.2 and 13.5.3 to check if work is fabricated, installed, or completed. Already there is a violation in contract because the architect was not aware of the change in material which can affect the design. According to Article 22.214.171.124. – The Architect will prepare Change of Orders And Construction Change Directives. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. Once everything is corrected and agreed upon the project can go forward with the payments. According to A201 article 8.3 an extension of time could be granted, The Architect will issue a bond of surety for the Contractor and Owner to document the change of Material performance and that all parties are aware of this change. This will guarantee the performance of obligations under a contract.
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).
What steps should the architect take ?
According to :
- Article 4.2.3 – Architect should notify the owner in writing if errors are found.
- Article 4.2.6- The architect can reject work that does not confirm to the contract documents. The architect should do an inspection of the work in accordance with subsections 13.5.2 and 13.5.3 to check if work is fabricated, installed, or completed.
- Article 126.96.36.199. – The Architect will prepare Change of Orders And Construction Change Directives. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4
- Article 9.8.5 – The certificate of Substantial Completion shall be submitted to the owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. A final Certificate for payment pursuant should be issue.
These are the steps the architect must take when coming across and issue like this!