So, an architect forgets to draw control joints and points to a general boilerplate language that mentions control joints but nothing else. Somehow this ends bypasses not only the architect who was on-site weekly for a year, the General Contractor and gets laid completely at the feet of the subcontractor as being their fault. What’s worse is a nearly identical school was started 6 months earlier and they are trying to do the same thing to that subcontractor. No responsibility, nada, zip, none, nothing, not so much as a peep from either the GC or the architect as to their responsibilities.
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I’m very sad to see it written down and even more sad when the Them (the General Contractor’s) have a far bigger warchest for legal battles that a typical subcontractor could dream of. Subcontractors typically aren’t built for the large trudge through the legal system. It’s expensive, time-consuming and there is no guarantee of success. […]
In some contracts our company has had come across a phrase of “if there is a discrepancy bid the higher option of the two”. Congratulations you are now a proofreader for the architect. Better yet the GC gets to invariably charge back moneys to the subcontractors. Sometimes they will even charge both sides of the […]
So now we have seen the Weber School District, West Jordan City, Hogan Construction and Groathouse play games with retention. The money isn’t to be used as a bargaining chip but yet that is the game being played.