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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??,,????'?????<?specs?EUR??,,????'?????<?), all of which together comprise the construction documents for the project.
The Ohio Administrative Code, for example, defines construction documents as ?EUR??,,????'?????<?Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining plan approval in accordance with section 106.?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??,,????'?????<??oeas opposed to what was actually done by the designer and the project contractors.
In this regard, the ?EUR??,,????'?????<?as-built?EUR??,,????'?????<? drawings and specifications, which reflect all approved deviations and changes from the original construction documents, should show the project details as they will be actually constructed. This permanent, hard-copy record will be invaluable in determining and proving factual issues if anything is disputed later.
Claims against the architect or engineer may be asserted under applicable law. Ohio law states the following.
?EUR??,,????'?????<?Generally, one who contracted in a specialized professional capacity to provide the design for a particular structure may be held to respond in damages for the foreseeable consequences of a failure to exercise reasonable care in the preparation of the design.?EUR??,,????'?????<? The ruling is from the 1986 decision in Cincinnati Riverfront Coliseum, Inc. v. McNulty Co.
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.
?EUR??,,????'?????<?If the contractor is bound to build according to the plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specifications. ?EUR??,,????'?????<????This responsibility of the owner is not overcome by the usual clauses requiring builders to visit the site, to check the plans, and to inform themselves of the requirements of the work.?EUR??,,????'?????<?
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??,,????'?????<???EUR?re written on paper, but construction documents preserve an important description and record of any construction or demolition agreement.
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
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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