A picture is worth a thousand words.When it comes to construction litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , a picture can be worth much more. As a Profession, we find our selves increasingly challenged by the legal community to provide services that can at times be viewed as beyond the Standard of Care. We therefore must be prepared to defend our performance in a court of law if and when the need arises. One easy way to contribute to our defense is by providing continuous photographic documentation of construction site activities. Assume your contract is based on the AIA AIA - Application Integration Architecture Document B 141--Standard Form of Agreement Between the Owner and Architect with the Standard Form of Architect's Services: Design and Construction Administration along with A201--General Conditions of the Contract. As Architects we have a responsibility to our Clients to insure Insure can mean:
n. Conformity. Noun 1. conformance - correspondence in form or appearance conformity agreement, correspondence - compatibility of observations; "there was no agreement between theory and with the approved Construction Documents through periodic field observations. Those individuals responsible for performing Construction Administration Services should ask a few basic questions at the time of the field observations. * What milestone construction activities are taking place at the time of the observation? (Foundation systems / walls / waterproofing systems) * What is the quality of work being provided by the Contractor? * Does the work in place conform to Verb 1. conform to - satisfy a condition or restriction; "Does this paper meet the requirements for the degree?" fit, meet coordinate - be co-ordinated; "These activities coordinate well" the design intent of the Construction Documents? * When details have not been provided, does the construction meet the design intent of the documents? * Are there areas of conflict with the coordination coordination /co·or·di·na·tion/ (ko-or?di-na´shun) the harmonious functioning of interrelated organs and parts. co·or·di·na·tion n. 1. The harmonious adjustment or interaction of parts. of the documents that should be photographically documented? * Have materials been installed in such a way as to conform to manufacturer's recommendations so as not to void Warranty or Guarantee? * What components of the waterproofing system are being installed that should be photographically documented? * Are the approved shop drawings and submittals being followed? The answers to these questions may not be known at the time of the site inspection. However, taking a simple photograph of a condition will allow you the opportunity to review the construction documents and comment as to deficiencies or deviations in design intent if necessary. In addition, overall photographs of a project will capture the general progress of the work relative to construction schedules at any given point in time (Turn on the date stamp Verb 1. date stamp - stamp with a date; "The package is dated November 24" date date - provide with a dateline; mark with a date; "She wrote the letter on Monday but she dated it Saturday so as not to reveal that she procrastinated" !). Photographs can be used to assist in dispute resolution over application for payment on percent complete, stored materials or manpower efforts. A photograph can reveal construction materials exposed to adverse weather conditions that in the future may affect their performance and provide potential defense for the Architect. Further, photographs can show the relationship of materials in the built environment that may easily explain construction defects without the need for expensive destructive testing In destructive testing, tests are carried out to the specimen’s failure. These tests are generally much easier to carry out, yield more information, and are easier to interpret than nondestructive testing. . Everyone can and should take project photographs for all the reasons mentioned and for a multitude MULTITUDE. The meaning of this word is not very certain. By some it is said that to make a multitude there must be ten persons at least, while others contend that the law has not fixed any number. Co. Litt. 257. of other reasons. If you visit a construction site, be prepared to document your visit photographically. You may not know at the time you took the picture what the potential worth is until there is a problem. A photograph remains the least expensive and most effective way of recording the performance of all parties involved in the construction process for purposes of defense. Dean Vlahos is with WWCOT WWCOT Whisker Wall Coated Open Tubular Column Architecture. For more information visit www.wwcot.com. |
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