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Subject:
From:
Grace Crane <[log in to unmask]>
Reply To:
BP - His DNA is this long.
Date:
Tue, 4 Aug 1998 09:23:00 -0400
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     As a federal architect, I do not ever tell the GC how to do the job.
     There is more than one way, usually, to have the same result. He may
     have bid it one way, and if I insist on another, his costs may go up
     because it may be a more expensive way to do the same thing. That
     starts an escalation of mistrust and bad feelings that end with
     neither side happy with the final product. I specify what I want done.
     If there is a particular reason to specify the order, I do, but that
     is not usual. That woman is not someone I would want to spend any time
     with.  -Grace

______________________________ Reply Separator _________________________________
Subject: Re: Cost of investigation,etc.
Author:  "ken follett" <[log in to unmask]> at internet
Date:    8/4/98 9:03 AM


In a message dated 8/3/98 10:14:14 PM Eastern Daylight Time,
[log in to unmask] writes:

<< In another example the GC failed to convince the client that the logical
 order was to replace the compromised roof before doing interior plastering
 and painting. Her position was "I'm paying the bills. I'll decide what gets
 done when". The contract specified the scope of work, but not the order of
 priorities. He did manage to get her to sign a waiver of responsibility,
 but that didn't make him feel much better. >>

Shows the need to learn to write a better contract, which usually only occurs
after a customer has demanded something that one would NEVER expect. Who has
the right of means and methods here? Did the contract explicitly state that
the client had the right to dictate the order of the work? If not, the GC may
have had legal recourse to insist on a sequence of work, or the loop-hole to
walk away from the project. Was it a standard contract such as AIA, or a home-
brew? Then again, we always have the right to accept the client's terms and
continue the project. At about the point the client said "I'm paying the
bills. I'll decide what gets done when." I would have been calling our lawyer
for advice on how to terminate the contract.

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