Menu
Home>Levelset Community>Legal Help>Liability with Conflict between Project Plans and Contract Language

Liability with Conflict between Project Plans and Contract Language

California

I'm a subcontractor working on a large project and we have a contract stating that we are responsible for all hoisting/rigging/installation of the equipment we are contracted to provide; however, according to project plans there is no feasible means of delivery for the equipment requested to the desired location in the timeline desired by the GC. This was overlooked by the architect on record and their contracted design consultant. Would we be required to point out those issues? or, more generally, where does the fault/liability lie if the issue is overlooked and the discovery is made at time of delivery (delivery into final room in GCs desired time frame would require breaking of concrete slab, removing PT lines, breaking of load bearing wall, renting of crane to drop equipment into room off a ramp, and then repair work).

4 replies

Jul 2, 2022
Usually the GC is responsible for scheduling subcontractor operations at the appropriate point in the construction process, and your bid likely assumed that this would be done. Although I haven't seen your subcontract, you are typically only responsible for your scope of work, not additional work to access the site made mandatory by errors in the design or by the GC's inappropriate scheduling of the work. What is the GC telling you about your obligations? You should have someone review the subcontract and other issues and respond. George Wolff 415-788-1881
0 people found this helpful
Helpful
Jul 5, 2022

You may also have a claim for the extra cost of this installation, whether or not the extra cost was caused by errors in the drawings furnished by the owner of the project or were caused by the GC's untimely or inappropriate scheduling of the work.

Be sure to notify the GC of the claim and potential extra cost BEFORE commencing this work!

George Wolff

415-788-1881

0 people found this helpful
Helpful
Jul 5, 2022
Hi George, We've made multiple attempts to get this addressed; bid time and contract signing. An ASI was recently issued that doesn't fully correct the problems. The reality is that this isn't an issue that we can correct on our end; imagine being asked to deliver a 10' box into a room who's only access is through 7' stairs. And said stairs support less than the weight of the box. The box cannot be broken down, shrunk, condensed or in any way manipulated to make it fit through the access point. That's more or less the issue we've been trying to correct for without much success. So as it stands, I'm hoping to get ahead of the potential confrontation with the GC and architects. Thank you, Eric
0
Report Spam
Jul 6, 2022

I genuinely appreciate your dedication since the information you provided in the article is excellent and quite useful to me. retro bowl 

0
Report Spam