Using and Understanding Engineering Service and Construction by John R. Clark
By John R. Clark
1. ancient history within the overdue Nineteen Fifties many participants of the layout professions-Engineers in addition to Ar chitects-became fascinated about their publicity to claims for pro malprac tice and especially concerning the expanding variety of claims that were effectively introduced opposed to them coming up out in their building part actions. This resulted in unique experiences subsidized by way of the yank Institute of Architects and the Engineers joint guidance. the result was once twofold: the improvement of a coverage legal responsibility coverage to insure Engineers and designers opposed to mistakes and omissions within the functionality in their expert prone, and the overview and improvement of the typical contractual preparations defining the layout profeSSional's undertakings vis a vis his consumer (the Owner), the undertaking to be designed, and the Contractor who used to be to enforce that layout. on the outset, the AlA's Owner-Architect contract (No. B131), basic stipulations (No. A201) and the Owner-Contractor Agreements (Nos. A101 & 111) have been the records most often utilized by layout execs, and those acquired specific awareness. within the early Sixties it turned obvious that there has been a necessity for a separate sequence of records ready to handle those relationships while the undertaking to be designed concerned essentially engineering issues. The variety of tasks for which the Engineer used to be hired via the landlord because the major expert to deal with the undertaking layout and development management was once expanding.
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Additional info for Using and Understanding Engineering Service and Construction Contracts
Owner's Special On-Site Representative When the Owner wishes to designate a special party to represent his interest at the site in addition to the Engineer and his resident staff (which frequently happens in governmental Work and on large Projects with sophisticated Owners), it is essential that the duties, responsibilities, and authority of the Owner's representative at the site and how that individual is to interface with the Engineer, the Engineer's resident staff, and the Contractor be spelled out precisely in advance of constructJon.
A. 1. Having one person to deal with will facilitate communication. It is important from the Engineer's point of view that he remember that his dealings with the Owner must be with and through the designated party. The Engineer should not take instructions from nor accept consents or approvals from anyone other than the designated party. This is particularly important to bear in mind when the Owner is a governmental body or the Project is financed with public money. b. 2 ties in closely with the description of the Project and the discussions under section 4 of this chapter.
This concept is not endorsed by the EJCOC or the AlA, although the existence of the practice is recognized. Whenever a design professional is involved in the design of a Project on which other design professionals are also involved, whether the other professionals are employed as independent professional associates of the design professional or are employed directly by the Owner, it is important for the Engineer to know if any design professional involved has the benefit of limitation-of-liability provisions.