The contractor must notify the architect of the deviation when submitting the shop drawing.14If the proposed change is accepted dur - ing the review process, the architect must give written approval of the deviation as a minor change in the work or process a change order or change directive.15Contractors must proceed carefully. A common question is whether the design professional should reject the submittal if the general contractor has not reviewed it first. Subjecting the contractor to liability for repair and replacement of the “approved” item … September 2017 May 2015 In other words, the engineer cannot use the review to impose new requirements. September 2019 June 2020 August 2015 A recent and acclaimed decision from the New York courts may ultimately provide the basis for a consensus. February 2016 Reply. February 2020 He is currently an adjunct professor at the University of Illinois at Chicago School of Architecture, and was a lecturer at Northwestern University’s Engineering School in 1997, the Illinois Institute of Technology School of Civil Engineering from 1987 to 1989 and at the Engineering School of the University of Wisconsin in 1988 and 1990. We really appreciate your insight on this piece. What’s your opinion? The graphic on this page depicts a typical shop-drawing stamp that explicitly explains the purposes for which the design professional is not reviewing the submittal. Place to ask for info. from the University of Michigan in 1978, and his J.D. That is not to say the strategy has never been tried. This method facilitates the timely approval and distribution of the shop drawing. By MARK C. 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February 2018 December 2015 July 2019 May 2019 December 2019 The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.”. October 2015 November 2018 This is an area in which legal advice has changed over the years. September 2018 The fear was that a judge or jury-and to a lesser extent, an arbitrator-might assume that the design professional had reviewed the shop drawing for all purposes, including field dimensions, safety issues and other matters outside the proper scope of an engineer’s or architect’s concern. April 2017 In General Building Contractors of New York State, Inc. v. New York State Education Department, the New York Court of Appeals held that a design professional could properly delegate design decisions to a contractor, provided that the design professional required the contractor to have the design performed by a duly licensed professional hired by the contractor who would sign and seal the design. He obtained his B.A. Editor says: February 7, 2020 at 4:11 am . March 2019 July 2015 September 2020 March 2018 It is important for the stamp to exclude review for the purposes of verifying dimensions, safety analysis and the like, because these are solely the contractor’s obligations. June 2017 July 2017 By MARK C. FRIEDLANDER, Schiff Hardin & Waite, Chicago November 1, 2000 The project number; 6. January 2015 March 2015 One of the most common questions that engineers-and architects-ask is whether to mark shop drawings and other submittals “approved,” or whether to take some lesser action. Claimants and their lawyers focused on the word “approved” and tried to hold the design professional liable, at least in part, for issues outside the scope of its usual duties. Provide a guide for your shop . November 2017 January 2017 April 2016 June 2019 Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others shall bear such professional’s written approval when submitted to the Architect. Judges, juries and especially arbitrators quickly decided that “no exceptions taken” meant “approved,” and interpreted the two phrases to have identical meanings. Shop drawings cannot change a contract. Where applicable, the project address; 5. The dates of all applicable revisions; 3. Although most shop-drawing stamps now include an “approved” option, this approach uses language that strictly limits the scope of the submittal review to “conformance with information given and the intent of the construction documents.”. He responded that it means “approved.” Consequently, it became clear that a better approach needed to be developed to prevent claimants from misconstruing the limited nature of a design professional’s approval of shop drawings. January 2016 Going back 15 or 20 years, it was common for lawyers to recommend that A/Es avoid the use of the word “approved” when they reviewed and accepted a shop drawing. December 2016 April 2019 For example, in a recent lawsuit, an architect was put on the witness stand and asked what “no exceptions taken” means. from Harvard Law School in 1981. This method can be time consuming, as the shop drawing is not approved until the corrections are made on it. Practices may not be uniform among the states, and many states have yet to issue rules or offer guidelines on this issue. Usually, it is a drain on the A/E firm’s resources when the general contractor does not perform its function of submittal review prior to forwarding, or having subcontractors forward the submittals directly to the engineer or architect. Particularly with regard to heating, ventilation and air-conditioning design and structural steel connections, it is common for the designer to establish performance criteria, but to leave the final choice of how to achieve those criteria up to the contractor.


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