Specification writers frequently describe that a particular subcontractor, such as the electrical subcontractor or the subcontractor performing the work of Section XYZ, is responsible for performing certain work.
One of the problems with this language is that it potentially limits the liability of the contractor who is ultimately responsible for performing all the work of the contract, including being responsible for the work of all subcontractors.
There are two ways to address this concern and ensure that the specifications are clear with respect to the accountability of the contractor for all of the work:
- Ensure that any references to specific subcontractors as being responsible for work are changed to reflect that the contractor is responsible for the work.
- Include a global statement in the contract or General Conditions that states something like the following:
"Any references included in the contract documents that purport to address the responsibilities of work by crafts and specialty or trade contractors or subcontractors, are included only for the convenience in preparing and reading the contract documents, and do not in any way limit the full responsibility of the contractor to provide a complete installation and be responsible for all of the work under the contract."
The Pacific Northwest Chapter of the Construction Management Association of America (CMAA) and the Seattle Department of Transportation (SDOT) are sponsoring a free workshop to assist construction management professionals in obtaining a CMAA construction manager certification designation.
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