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While we're on the subject of disclaimers...

Posted: Mon Jan 26, 2015 3:09 pm
by dedkad
Here's my favorite, from a set of landscape plans:

"Do not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or differences in the area dimensions exist that might not have been considered in the engineering. Such obstructions or differences shall be broughht to the attention of the landscape architect. In the event this notification is not performed, the contractor shall assume full responsibilty for any revisions necessary at no expense to the owner."

Posted: Mon Jan 26, 2015 3:38 pm
by LS 4722
The architect probably had a crappy (or even no survey) to start with. I doubt that the contractor could be held liable for grade differences or area dimensions that don't match.

Now if he started tunneling under a gazebo that was not on the plans, he would probably have a bit of explaining to do, but in the long run, responsibility falls on the professional signing the map/plans.

Posted: Mon Jan 26, 2015 4:54 pm
by land butcher
This work is a constant learning process.

A CE I knew was "awarded" the contract to design a stairway from a college parking lot down to the campus. He was given 2 aerials that seamed together at the stairway. Naturally they didn't fit too well and he told the schools design dept that he needed a topo. They said no just do the best you can and if there are any issues in construction we will take care if it then.
So the survey company hired to stake the stairway finds it doesn't fit the existing ground. The CE is called by the school const division. The CE explains what design had him do. Const says, We don't care what design told you - you fix it.
Live and learn.