Change Order Request
Change Order Request
(OP)
Can anyone tell me what is standard practice for the following situation:
The scale on our set of HVAC drawings is mis-labeled. The actual scale is 1/8" = 1' and is labeled at 1/4" = 1'.
When the HVAC contractor did his take off he determined his quantities based on the scale shown on the drawings. Now, he realizes he only have half the materials and labor he needs. He wants the moeny for the other half. The architect continues to reject this claim. The owner goes with whatever the architect says.
I feel my HVAC sub deserves his money. Any advise on how to change the mind of the owner and architect?
The scale on our set of HVAC drawings is mis-labeled. The actual scale is 1/8" = 1' and is labeled at 1/4" = 1'.
When the HVAC contractor did his take off he determined his quantities based on the scale shown on the drawings. Now, he realizes he only have half the materials and labor he needs. He wants the moeny for the other half. The architect continues to reject this claim. The owner goes with whatever the architect says.
I feel my HVAC sub deserves his money. Any advise on how to change the mind of the owner and architect?





RE: Change Order Request
I agree that you shouldn't burn bridges with your subs, and the miscommunication was your companies fault. In the end the sub shouldn't have scaled the drawing, they should have based the job on printed dims.
You could talk with your boss, let them know that your sub is a good outfit. Relate that it was the companies fault for indicating the wrong scale, and are there fore somewhat to blame. Try to reach a happy medium. It's hard to give further advice not knowing the culture of your company, your sub or the mind set of your boss.
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RE: Change Order Request
RE: Change Order Request
RE: Change Order Request
TTFN
RE: Change Order Request
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RE: Change Order Request
The work is complete and the project wrapping up. One of our last owner meetings is on Monday. I feel much better about going now.
RE: Change Order Request
the only thing i will add is that if the 2nd tier sub does not get agreeable relief he can/may file a lein and this whole thing could end up in court - costing probably as much or more as the difference in the bid. but his case will be against the GC not the owner.
end result - nobody is a happy camper (except the lawyers)
RE: Change Order Request
TTFN
RE: Change Order Request
RE: Change Order Request
RE: Change Order Request
Sometimes the specifications state such a disclaimer noting that critical dimensions will be labled, e.g. on the architectural and/or structural drawings. If so, my argument for the contractor would be that the contract documents in question are contradictory in having that language together with a filled-in scale block other than "NONE" or "NTS". AIA guidelines and court precedent is sympathetic to the designer only when the contract documents are complementary. (E.g. it's not okay to say "where discrepencies exist, fill-in-the-blank are precedent")
Further, one can argue that the "do not scale" disclaimer language is there for problems in printing that can lead to distortions of the print scale, fractional print sizes, etc., and this wasn't the source of the miscalculation.
RE: Change Order Request
RE: Change Order Request
RE: Change Order Request
The mechanical contractor, as he is fully aware, has the right to file a mechanical lien against the work and would subsequently prevent the owner / architect from obtaining a CO. That should motivate the architect to settle the case.
If this went to arbitration (which should have been a provision within the original contract) it would clearly be in favor of the mechanical contractor. It is really an open and shut case.
RE: Change Order Request
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RE: Change Order Request
Ask the contractor how much he would be returning had the error been the other way and he had priced in twice as much material. If he gives a fair amount then pay him. If he says nothing because he would have bid the actual work then pay him that amount.
But seriously
If the drawings had been correctly marked then the original bid would have been greater.
The owner should not get something for nothing and the contractor should not have to pay for the mistakes of others.
Bottom line is to treat everyone in a fair manner.
Than means getting the contractor the money that he would have bid had he been provided with the correct information. This may be different than that asked for but the contractor as an extra.
If you fight this all the way and end up in court then the only one who will make any money on the job will be the lawyers.
Rick Kitson MBA P.Eng
Construction Project Management
From conception to completion
www.kitsonengineering.com
RE: Change Order Request
RE: Change Order Request
The owner does end up with some loss. Only half of the HVAC was bid competitively. If the other half is paid for by change order then the owner ends up paying more.