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LCN October 2006 Legal Matters10-02-06 | News



Construction Documents

By J. Norman Stark, Attorney at Law

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Construction plans, drawings and specifications are important records that can protect contractors from liability. Multiple court cases have confirmed that contractors are not generally responsible when problems arise from a plan or design that is faulty.Photo: University of Missouri


Any construction or landscape installation, including demolition, requires careful communication between the designer and contractor in the form of detailed graphic portrayals of the work to be accomplished. These drawings, together with written specifications (?EUR??,,????'?????<

The Ohio Administrative Code, for example, defines construction documents as ?EUR??,,????'?????<

Construction documents affect and govern the various phases of any construction project. The traditional phases in the creation and generation of documents by the design architect or engineer, and thereafter by the selected contractor and subcontractors, are: (1) design phase, (2) construction documents phase, (3) bidding phase, (4) construction phase, and (5) project completion and closeout.

Whenever disagreements (and legal claims) arise, the construction documents will become extremely important in determining what was originally required to be done?EUR??,,????'?????<

In this regard, the ?EUR??,,????'?????<

Claims against the architect or engineer may be asserted under applicable law. Ohio law states the following.

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A 2004 case decision, (Tackett v. Gas Energy, Inc.) says that a landscape architect or designer can be liable if their plans lead a contractor to make serious errors.

A 1918 federal court decision (United States v. Spearin) is also relevant to the issue of plans and documents. The ruling underlines the fact that contractors are not generally liable if plans force them to build in an unsafe or faulty manner.

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Of course, it makes sense to consult with architects and designers if a portion of the building plan looks suspect or wrong. Everyone working together on a project is part of a team and has a stake in a successful outcome.

Legal action should be the course of last resort. But if it comes to that, plans and documents can offer invaluable protection to contractors. They?EUR??,,????'?????<

J. Norman Stark is an attorney-at-law, a registered architect, registered landscape architect, planner and appraiser. His office is in Cleveland, Ohio. His web address is jnormanstark.com






J. Norman Stark is an attorney and a licensed landscape architect in Cleveland, Ohio.



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