The Construction Contract: Defining and Defending Quality of Workmanship: 3 Key Contract Elements
By Roger Greenwald, AIA- Roger Greenwald, AIA., a full service architectural and consulting firm based in Wethersfield, CT and the greater Hartford CT area specializing in residential and light commercial architecture.
In our previous blogs we’ve been discussing the key elements of your construction contract. Today we will focus on three linked and essential elements which will go a long way towards protecting you against shoddy work.
Element #1: LINK THE PLANS TO THE CONTRACT. Any good architect in West Hartford, CT, should deliver a complete set of plans and specifications for bidding to ensure that the bidders know what they have to do, down to very specific details. Not only the tile, but what is under the tile! But this expert direction is only meaningful if you link the plans to the contract. Be sure that your lawyer defines the scope of work to build “according to the architect’s plans and specifications” At Roger Greenwald Architect, PLLC, I always include the following language in my specification portion of the plans: “These plans and specifications are contract documents”. This language must also be mirrored in the contract itself.
Element #2: DEFINE THE QUALITY. I put the following wording right on the plans, and you should be sure that your lawyer includes similar language in the contract: “All work is to be executed in a skilled and workmanlike manner, as certified by the Architect”. By including this language, you do several things:
You screen out the builders who don’t want to be held to industry standards. Good riddance to them!
You establish a clear expectation of good workmanship from the outset.
You allow your architect to be the arbiter of those industry standards, subject of course, to arbitration if the builder disputes your architect’s professional judgement. Just knowing that his work will be inspected by an architect generally ensures the builder’s best efforts.
You set yourself up powerfully for Element #3, below:
Element #3: GIVE YOURSELF THE RIGHT TO STOP THE WORK. I put the following wording directly on the plans, and you should ensure that this wording is mirrored in the contract: “Owner has the right to stop the work if, in the judgement of the Architect, the work does not conform to the plans and specifications, and the standard of quality set forth therein.” There you have it! If your contractor is failing to deliver work in a “skilled and workmanlike manner” in the professional opinion of your architect , you can stop the work, or direct your architect to stop the work on your behalf, until the architect meets with the contractor and either persuades him amicably to correct his defective work, as most often happens, or you can bring in the lawyer from a very strong position.
But just having these elements embedded in the plans and contract means that you probably won’t have to resort to arbitration to enforce them.
In our next blog, we’ll be discussing: Punchlist and Substantial Completion.
Roger Greenwald, AIA is an architect serving West Hartford, Hartford County, and the State of Connecticut.