Construction Contract Administration

This message has been cross posted to the following Discussion Forums: Construction Contract Administration and Practice Management Member Conversations .
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HELP!!

I have gotten into a heated discussion with some of my colleagues.  It has to do with the definition of errors and omissions. 

There are those that say that the AIA has not provided the profession with a clear definition of the terms.  Others say that the definition is obvious.  An error is an error and omission is an omission.  Clearly if this were the case there would be no grey area and architects would be liable for the slightest infraction.

The problem is that we have searched through the AIA website as well as others and cannot find an AIA definition for the terms.  Can anyone shed some light on this?

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David Brotman FAIA
Sunset Consultants
Malibu CA
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Short answer: the key is whether there is value added or not.  If the work being installed adds value to the project (i.e. it was not there before and now is being ADDED), it is an omission.  If the work being installed was already paid for under the original bid, and now needs to be discarded and REPLACED by another one, then the new product does not add value for the client.  In that case, it is an ERROR.

examples:
- You do not include a door closer on a egress door.  since the owner DID not pay for the door closer in the original bid, the new door closer is an entirely VALUE ADDED addition.  In that case, it is an OMISSION.
- If you specifiy and approve the WRONG door closer, and upon installation it is verified that it needs to be replaced by a different one, the Owner already paid for a door closer, so the new one does not add any value.  In that case, it is an ERROR.

Of course, there are many nuances, especially when a product is BETTER than the one being replaced.  How much is ERROR and how much is OMISSION? 

Gus

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Gustavo Lima AIA
Director Of Construction Administration
Cannon Design
Grand Island NY
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To All:
There is not AIA standard definition for these trems. it is not within the purview of the Institute. While, the terms may seem obvious, they will vary with the Normal Statndard of Care applied to each project type and location, all governed by the specific terms of the Contarct.
Regards,
Burt
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Burton Roslyn AIA
President
Roslyn Consultants, LLC
Roslyn Heights NY
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