Discrepancy in Concrete Mixture – Ashley Herasme

For starters, this is a very dangerous situation. By messing with the structural system of a development to cut down on costs can lead to potential hazardous situations for inhabitants. I believe the contractor and owner should accept responsibility, and the architect should speak up about what’s going on. My priority will be speaking to the owner to explain how this can be a dangerous situation and can cost them so much money in the future if something were to happen.

Steps the architect should follow:

Architect must notify owner in writing if errors are found

4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4

A201 article 8.3, An extension of time can be granted if the C is delayed by….

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. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. For going against the local building code and specifications, which could have ended poorly. 

Case Study #2- Discrepancy in Concrete Mixture- Mai Esmail

After reading and evaluating this situation thoroughly, some of my immediate thoughts were 

  1. Cheating on the cement portion of the concrete is wrong, considering that I designed this multi-family housing based on specific calculations.
  2. How did the superintendent convince my client to follow along with their idea?
  3. Why wouldn’t my client consult with me before approving this idea?
  4. Does the client know what is at risk?
  5. The concrete work that has been installed will have to be removed and replaced with the correct concrete. This will cause a delay in project completion.
  6. This was not in the contract that I and my client have agreed to. Therefore, this would be considered a violation.
  7. Do not certify anything without it being corrected.

My approach to this situation would be to first speak with my client. From what I know, my client seems to already have knowledge about the situation and does not seem to have an issue with it. I would further explain to my client that the result of changing something that may seem small to them, could cause something bigger to happen. At that point, I would explain that using a cement portion that is less than the required that is needed for a certain strength, will cause the concrete to be weak. Therefore, resulting in a weak building. With this knowledge, I would hope that my client will come to their senses and realize that it would be unethical to go with a weaker concrete. I would also remind my client that we signed a contract with each other. According to the AIA-201: General Conditions of the Contract, “The document describes what each party is to do and spells out the remedies should any party fail in its obligations.” With this in mind, I would consider it a clear violation of the agreement between us. But I would try to reconcile and get everything back on track. To do that, we would have to remove the existing concrete and replace it with the correct concrete. This would cause a delay when it comes to project completion. 

My next step would be to speak to the General Contractor. I would ask the Contractor if they knew about the situation and if it was approved considering that the superintendent is employed by them. According to the A201 article 3.4.3,” The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit the employment of unfit persons or persons not skilled in tasks assigned to them.” Knowing this information, I would have hoped that the Contractor would have hired a superintendent that knows his job a bit more. If the Contractor did know of this, then I would consider them liable for this mistake. If not, then I would expect that the Contractor would take the superintendent off the job due to a lack of knowledge and misleading the client. Hoping that the contractor agrees with me, we get back on track to finish the project.

My final step would be to have a time extension if it is needed. According to A201 article 8.3,” An extension of time can be granted if the C is delayed by 

¡ act of negligence by O, A, or other contractor 

¡ changes in the W 

¡ labor disputes 

¡ fire 

¡ unusual delays in deliveries 

· other events beyond the C’s control 

¡ also, if delay is authorized by O 

¡ if arbitration is pending 

  1. A determines a delay is OK.”

Based on this information, I have the right to extend the time if it is necessary to do so. Once everything is corrected, I would then be able to certify the Contractor’s request for payment.

ARCH 4861 Case study Discrepancy in Concrete Mixture

No, the Architect should not certify the contractor’s request for payment as the concrete Mixture did not follow the specifications and by the local building code, which can lead to other issues that will cost the owner a lot more money to repair. But, If the owner is aware and has written a cheque for the contractor. I believe the contractor should receive it for labor done on the

The Steps the Architect should take are:

1.  4.2.3 – Architect must notify owner in writing if errors are found – 

2. According to Article –  4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subsections 13.5.2 and 13-5-3 whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.

Then, The next steps are as follows:

3. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial

Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to 9.10

Case Study: Discrepancy in Concrete Mixture – Ibukunoluwa Atolagbe

The architect has no reason to withhold the payment if the Owner is aware of the situation.

4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the architect will review and certify the amounts due to the Contractor and will issue Certificates for Payment in such amounts. This is to protect the Owner from any liability but in the case that the owner is aware the Architect has to issue the payment certificate, If the Architect refuses the Owner is able to Issue the payment and the Architect is to reflect the payment in the next Payment Certificate.

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 the change.

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 a Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof.

ARCH 4861 Case study Discrepancy in Concrete Mixture – Jernel Williams

For starters this is a very sticky situation, this could end badly since the concrete itself is being used as a structural member. That is pretty much fragile since it will not be at full strength. Therefore this may be a life threatening matter, that being said it makes me wonder:

If the owner and superintendent are aware of the dangers of cheating a structural member?

Why did the architect have to find out the way he/she did? 

Since there was an agreement, Why didn’t the client consult with the architect?  Therefore, there is a violation in the contract.

Therefore the architect will have to ensure that the concrete is removed and replaced with the original concrete, but the relationship with client/superintendent/architect will be rocky. 

Steps for the Architects:

The architect can not withhold payment since the owner is aware, even if they tried cheating the concrete design. Due to 4.2.2 . However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Subsection 3.3.1.

Therefore the Architect will have to follow:

 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4

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. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. For going against the local building code and specifications, which could have ended poorly. 

 

Case Study #1

When a client comes to an architect for a project such as an office building, the job of the architect is to not only listen to what the clients wants but to think of all the people who would use and experience this space. Sometimes what the client wants and what’s best for everyone thats going to inhabit the space doesn’t always align. Having an office space where everyone is packed together and is far away from windows creates a hostile work environment. People should work in a space that promotes privacy, comfort, and have access to windows. The wants of the client is unethical because he isn’t considering his workers who would be in this space 8 hours a day, 5 days a week.

If I were faced with this design challenge I would try to come up with multiple solutions that benefit the workers while still trying to be efficient. Some information that I would need from the client is what kind of business is it, how many employees would occupy the space, their budget, and what kind of programs they want. This is best to discuss before accepting the job to make sure that the client is flexible and allows you to create a design that is moral.

Ashley Herasme

Case Study #1

My evaluation for this project is that, based in what I learned in previous classes, an environment were workers have limited access to windows, and that is packed of people, could be very uncomfortable.

Based on studies, people could not work very efficiently when they are on a too closed environment especially if the lighting is poor or they have no windows. Maybe having the appropriate lighting could make the workers feel better, but still they could work more efficiently with having access to windows so they can mentally feel less claustrophobic.

Also the client wants to have as many people as possible, but in this case it could possibly work by having the appropriate circulation, or if having an appropriate distance between the workers so that the they do not feel uncomfortable, if their duties should be accomplished in a stationary way.

An approach to the design would be to sit with the client, explain to him those facts, and show him examples, so that he can understand that this way the workers will work on a more efficiently way which seems to be is his main concern.

I think this discussion should be addressed with the client before we sign the contract, because at the end the client will pay for what he wants, whether it is what he requested at the beginning or he decides to accommodate to our criteria. If my name will be involve in the design of this place I want the workers who walk in say “This architect was awesome” instead of saying “who was the killer who design this place.”

Case Study # 1 – Avery Ferguson

A major big-box retailer commissioned an architectural firm to design a new office building on an expansive site near its headquarters in a small city. The client wanted the office to be as efficient as possible and asked the architect to model it after its big-box stores, with the goal of fitting as many employees as possible into the space. While this would put the staff far from any windows, with little visual or acoustical privacy, the client argued that such efficiency fit the image of a discount retailer and that if its store employees could would work in a big box, so should its headquarters staff.

From Ethics for Architects: 50 Dilemmas of Professional Practice by Thomas Fisher, New York, Princeton Architectural Press, 2010, p 73.

Discuss the following:

What is your evaluation of the client’s intent? What would be your approach to this design problem?

The client wishes to make the most money possible with the allotted space. Efficiency does not always equal the maximum comfortability or aesthetic in design. While the clients need must be met, our jobs as designers is to offer multiple solutions that maybe even better that what the client initially wanted. Giving the exact thing asked of us while giving similar solutions with more attention to the comfort of employees would be the best approach.

      What more information would you request from the client?

The client would need to provide a budget, an exact program list and any other special requests about the project.

      At what stage of the contract should these issues be discussed?

These topics should be talked about at the beginning of the contract, ensuring that the client(s) know what is to be expected from the and the result while we can know what the client needs and where are areas where the solution that can be tweaked to make the idea better.

Assignment #3: Case Study 1 – Big box office

Initially, I would say that the owner’s request is a bit unethical. As an employer, one will have to take into consideration the psychological effects and what affects productivity of their employees.
An excerpt from the blog entitled “The benefits of having a window in your office or workspace”, published July 10th, https://www.mtglass.com/blog/windows/benefits-window-office-workspace/ , highlighted relatable topics of interest that produce workplace effective productivity. Topics such as:-
– Boosting energy levels during the day
– Reducing job-related stress
– Improving overall levels of happiness,
are simple but effective reasons why it is necessary to incorporate such simple factors as Windows/ visual engagement with the outside. Within the article, it referenced studies conducted in the Netherlands, “that when people were exposed to more daylight during their workday, they reported feeling more energetic and less sleepy” and also allowed “employees to focus”. I believe it’s not regionally specific but global.
Design principles in more modern times, push for open spaces that allow the person to interact with the environment outside (Le corbusier’s design philosophy, which particularly references Windows – to cut through non load-bearing walls,Free facades – open and closed sections that allow the facade to actively connect or separate interior and exterior design elements. For example) with consideration for human psychological well being.
To approach this design problem, I would engage the client in small remote meeting spaces at the beginning of the contract, where some locations would be less open than others to then eventually use that as a platform with his/her personal experience to reveal the positive outcomes for end user design with windows and acoustical privacy.
Being a company that has on site manufacturing, design considerations will be another utmost priority as freedom from intrusive noise allows the mind to focus on the day’s tasks and adds to maximum work productivity and efficiency, as proven.
The other aspect of the clients need for a new office building on an expansive site near its headquarters in a small city, would have to be design specific, as that would also have to be discussed over those lunch meetings spoken of earlier in this response.