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Subject Author Date
Submittal problem svietakovach 08-21-2008
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Posted by PeterD on August 22, 2008, 4:17 pm


On Fri, 22 Aug 2008 10:54:55 -0700 (PDT), RicodJour

>On Aug 22, 12:55 pm, svietakov...@gmail.com wrote:
>> Thank you guys, I knew I can count on you! I didn't expect such a
>> quick response though, I am really impressed.
>> What I was looking for, was confirmation that GC shouldn't proceed
>> without approved submittal, and if he does - it's his responsibility
>> if something goes wrong.
>> What does one do in the situation when architect is not responding in
>> timely manner to either RFIs or submittals, even if the owner is
>> informed and involved?
>Rattle some cages by sending a registered letter or telegram to the
>Owner and architect informing them that the lengthy delay will be
>raising the GC's costs and that a change order will be sent to the
>Owner requesting additional monies to cover the delay.

Why, it's not the owner or the architect's fault that the windows are
the wrong size. It is either the window company, or the GC. Whoever
made the error should pay, not the architect or owner.

>> Let's say that this lack of response is a reason for project delay -
>> are we gonna put whole responsibility on architect? I assume that
>> maximum response time suppose to be somewhere in General Conditions -
>> is that correct?
>The contract language should cover delays due to non-performance. If
>the architect used the standard AIA documents you can guess which way
>the bias goes.
>Read the contract, send the letters.

And tell us *why* the windows ended up the wrong size, who's fault
that was. No advice is worth a hill of beans (or even a small pile of
'em) without that information.

>R

Posted by on August 22, 2008, 5:04 pm



> And tell us *why* the windows ended up the wrong size, who's fault
> that was. No advice is worth a hill of beans (or even a small pile of
> 'em) without that information.
> >R

Here's info I have:

CONTRACT:
Windows were dimensioned at 120" wide and 93" tall, factory-assembled,
one-piece units.


Windows manufacturer says that they quoted standard, off-the-shelf
unit to their Lumber Yard dealer who quoted the bidding generals. That
unit was SINGLE-PIECE. They do not make 120" wide and 93" tall windows
under their standard product line. Not only was it to be a custom-
fabrication, it had to come in three pieces.
I guess they figured that size is not critical... (?!!!)

- svieta


Posted by on August 22, 2008, 5:09 pm



> And tell us *why* the windows ended up the wrong size, who's fault
> that was. No advice is worth a hill of beans (or even a small pile of
> 'em) without that information.

CONTRACT:
Windows were dimensioned at 120" wide and 93" tall, factory-assembled,
one-piece units.


Windows manufacturer says that they quoted standard, off-the-shelf
unit (100" wide and 84" tall) to their Lumber Yard dealer who quoted
the bidding generals. That unit was SINGLE-PIECE. They do not make
120" wide and 93" tall windows under their standard product line. Not
only was it to be a custom-fabrication, it had to come in three
pieces.
I guess they figured that size is not critical... (?!!!)

- svieta





Posted by hawgeye on August 23, 2008, 12:19 am


>> And tell us *why* the windows ended up the wrong size, who's fault
>> that was. No advice is worth a hill of beans (or even a small pile of
>> 'em) without that information.
> CONTRACT:
> Windows were dimensioned at 120" wide and 93" tall, factory-assembled,
> one-piece units.
> Windows manufacturer says that they quoted standard, off-the-shelf
> unit (100" wide and 84" tall) to their Lumber Yard dealer who quoted
> the bidding generals. That unit was SINGLE-PIECE. They do not make
> 120" wide and 93" tall windows under their standard product line. Not
> only was it to be a custom-fabrication, it had to come in three
> pieces.
> I guess they figured that size is not critical... (?!!!)

What does the window schedule or drawings have listed for the windows?
Is there a specification for the job? Does it spell out the window
specifics?
If any of those specifically call for a single piece 120x93 window made by
that manufacturer then it sounds like the architect didn't do his/her
homework if the window doesn't exist or can't be made.
Nonetheless, I stand by my earlier statement. Get the owner, architect and
manufacturer to settle on what is to be installed. If communication between
these people is that hard now, you have a bumpy road ahead.




Posted by RicodJour on August 23, 2008, 12:33 am


> On Fri, 22 Aug 2008 10:54:55 -0700 (PDT), RicodJour
> >On Aug 22, 12:55=A0pm, svietakov...@gmail.com wrote:
> >> Thank you guys, I knew I can count on you! I didn't expect such a
> >> quick response though, I am really impressed.
> >> What I was looking for, was confirmation that GC shouldn't proceed
> >> without approved submittal, and if he does - it's his responsibility
> >> if something goes wrong.
> >> What does one do in the situation when architect is not responding in
> >> timely manner to either RFIs or submittals, even if the owner is
> >> informed and involved?
> >Rattle some cages by sending a registered letter or telegram to the
> >Owner and architect informing them that the lengthy delay will be
> >raising the GC's costs and that a change order will be sent to the
> >Owner requesting additional monies to cover the delay.
> Why, it's not the owner or the architect's fault that the windows are
> the wrong size. It is either the window company, or the GC. Whoever
> made the error should pay, not the architect or owner.

I agree with you that the GC has the primary duty to do a cursory
review of the shop drawings, but it is the architect's job to review
submittals and render verdicts. It is more troubling to me that there
is such a delay in what should be a slam-dunk "Revise & Resubmit"
rejection from the architect.

There's also the fact that the usual supporting reason for
substituting or changing items is due to unavailability/delays or cost
savings. The Owner has a big say in those decisions.

> >> Let's say that this lack of response is a reason for project delay -
> >> are we gonna put whole responsibility on architect? I assume that
> >> maximum response time suppose to be somewhere in General Conditions -
> >> is that correct?
> >The contract language should cover delays due to non-performance. =A0If
> >the architect used the standard AIA documents you can guess which way
> >the bias goes.
> >Read the contract, send the letters.
> And tell us *why* the windows ended up the wrong size, who's fault
> that was. No advice is worth a hill of beans (or even a small pile of
> 'em) without that information.

I don't understand the OP's coyness in where they fit into the
picture. They don't seem to realize that different parties have
different objectives.

R

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