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A material factual dispute existed regarding whether an architect met the requisite standard of care in reviewing an engineering report prior to its client’s purchase of property and prior to the architect proceeding with plans for renovation of the building. Contractual language stating that the architect could rely on independent reports prepared for the owner [...]
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Architect Wins Entitlement to Damages, but Recovers Nothing, Because it Failed to Keep Adequate Cost Records
Additional Services,Damages,Delay,Documentation,Scope of Services
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An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the additional services it was forced to perform as a result of the contractor’s delay. The school district [...]
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An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work. Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors; responding to lengthy punch lists; preparing lists and information that the contractor was [...]
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No Compensation owed to contractor who performed extra work without written authorization
Additional Services,Change Orders,Contract - Notice Requirements,Notice Requirements of Contracts
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It is surprising how many cases there are in which a consultant or contractor performs additional services or work for an owner without first adhering to notice and approval requirements of the contract. Failure to obtain authorization for additional work from the owner’s designated representative can, and often does, bar entitlement to be paid for [...]
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