Construction Contract Administration

Examples:

NY State has a 10 year Statute of Limitations between the Owner and the Architect.  However, there is an unlimited Statute of Limitations on 3rd Party suits.  Then there is the contractual statute of limitations.  

Why?  Because the majority of legislators are trial attorneys.

Douglas Korves AIA

Expert Witness

About 10 of the 65 cases that I have been involved in have been slip and falls, injuries, and on-site accidents where workers sue everybody who is not thier employee. Do not rely on the documents for your defense to be found in discovery at the DOB, the Owners' records, the Contractors's offices.  

One case involved a worker demolishing a set of existing  toilets built in a 20' ceiling sanitation garage by a municipality decades ago fell through the 2x8 and Sheetrock ceiling.  The architect dotted the toilets for removal on their plans and thoroughly detailed the new compliant toilets.  Clearly a means and methods of construction by GC.  The town Settled for $4 million with a 500,000 contribution by the insurer of the architect.  The project was part of the 2012 FEMA repair and recovery grant. Critical Documents: lack of demolition plans and documentation and pre-construction photos and survey of architect. 

An on duty Port Authority patrolman fell down non-compliant radial wave like steps in a privately owned public space in NYC designed by a Golf Medal and FAIA starchitect.  The project was filed, reviewed and accepted by multiple agencies, permitted, built and awarded a National AIA honor award.  The action was settled for $275,000 against the Owner, Architect and Lighting Designer.  Critical documents: lack of compliance to code and ADA compliant steps and risers, uplighting caused disorientation and stage blindness.  No drawings presented in evidence. 

A waterproofing contractor going up a wall attached vertical ladder in a stairwell landing to a roof carrying tools and supplies. List his grip. Fataly fell backwards hit railing on last landing (no return stair run up to a designed roof bulkhead but local code compliant) flipped over the rail down another story. Critical Documents: Architect provided minimal developer approvals drawings. Critical Documents: stair, distances, ladder, lack of screen or railings at ladder failed to meet OSHA design, maintenance and evolving requirements.

The issue

Rather than heave out sets of drawings at 7-10 of X years, the Architect needs to keep filing sets, contract sets, inspection and sign-off sets, as well as monthly requisitions for progress and percentage of individual trade completion. 

Additionally, train your PM's as well as yourselves to identify critical and obvious areas in Paths of Travel, barrier design and accessibility.  

Critical Documents: This evidence often occurs on those first Cover/Notes/Specification and Accessibility Compliance Sheets that Principals. Management and Contractors rarely read and get "plugged into" Contract Documents.  What is there and not there is one of the first things read to evaluate thd architect's liability. 

Douglas Korves AIA

Expert Witness.