Category: Uncategorized

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

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. 

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

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.

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. 

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.

The client’s intent for space according to what the client said is Efficiency. My approach to this design problem would be to layout the efficiency of a big box store for retail purposes and office space for office work. I will explain to the client why these spaces are efficient for individual projects. If the clients still insist on this design, I will propose other alternate changes to the design to make it more suitable for the programs and the users. I would also ask for the number of employees that are to be using the space at a time. What other programs the clients Intend to use the space for. I would bring up this issue in the Design development process. After I have laid down the schematics and shown the client the disadvantages of his proposal. If not for any other reason, The client should be willing to change their mind due to the inefficiency of the workplace for office work. If the employees are not allowed sunlight or nice views to motivate them in completing their work. Also, space would affect their mental health. A company whose employees are suffering would suffer in the long run.