As we continue our series on common claim situations arising from specific project types, we must discuss projects where the general contractor deviates from design plans. It is a tale as old as time: contractors blaming design professionals when issues arise, and design professionals blaming the contracting team for the same problems. This battle encompasses almost every project on the horizon.
Lately, a popular project that has fallen victim to design deviation is single-family homes. Based on recent claim activity, this is a growing trend, as there are fewer “eyes” on a single-family residential project compared to a commercial structure with more participants. Additionally, the client is often a homeowner who may be less sophisticated than a larger developer. Economic issues can also play a role, as contractors often promise homeowners a cheaper project with a faster turnaround if they take shortcuts. What homeowner doesn’t want to save money and time on their new home or renovation project?
Most claims arise when the design professional discovers the deviation after the project’s substantial completion. For example, the design professional may receive a call from their homeowner client advising that they are experiencing water intrusion issues from a leaking roof, or they discover floor deflections or cracks in the walls. When the design professional returns to the project site, they may immediately discover that their plans were not followed. In other cases, it may take time and money to understand why certain issues exist, only to later find out that the contractor used the wrong materials.
Remember, it is essential to keep the lines of communication open between you, your client, and all other project participants. If your client takes issue with a certain aspect of the design or construction and you provide any type of recommendation or advice, ensure that this is followed up in writing and sent to all involved. Documentation will be critical to your defense should a claim be made.
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