In the process of
construction, nearly always a condition will arise that is
inadequately or incorrectly defined by the contract documents. Often
this will be the result of conflicts with other trades, due to lack
of coordination among designers.
A classic case of
this occurred when the HVAC inspector caught a deep concrete beam,
ready to pour, without the slot required to allow a large duct to
pass through. (Fortunately the forms were adjusted to provide the
slot.) Hopefully, the condition will be encountered before the
constraints are cast in concrete or fabricated in steel.
Upon identifying
the problem, the construction team—designers and constructors—will
seek a solution. Often an adjustment can be made which incurs no
additional cost to the contractor, and the work proceeds.
Sometimes
correction of the problem creates additional cost and effort for the
contractor, who then seeks added compensation. Such is granted by
change order to the contract.
A change order
involves a documented scope of work, a price, and a time, and it
becomes part of the contract when it has been agreed to by all
parties. The pricing mechanism is sometimes awkward since the element
of competitive bidding is gone.
Even as some
owners will try to obtain more service than the documents truly
define, some contractors will seek compensation beyond the value or
cost of the added work. In a field review, the designer must work
hard to see that equity is maintained.
When a design
error is involved, the contractor is not interested in covering the
cost, and some owners become an immediate designer’s adversary.
Design fees are typically inadequate to provide contingency funds,
even for small items.
Errors-and-omissions
insurance protects against major lawsuits, but there is a cost range
where designers must fend for themselves. Fortunate is the designer
who works with an owner who realizes that no set of construction
documents is perfect, that 2 to 3 percent of basic cost for added
clarification is reasonable, and that openly working through problems
is better than trying to hide or barter them away. Construction
budgets should contain a percentage, typically 10 percent, to allow
for changes.
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