This topic is a great example of the actual practice in the real world being different than the ideal world. In this episode I refer to two AIA documents, the B201, Article 2.6.2 Evaluations of the Work and A201, Article 12.3 Acceptance of Nonconforming Work.
Podcast Episode 059.
In the real world, when we, as the Architect, notice something not correct about the work in the field, oftentimes we notify the General Contractor of the nonconforming work and request they correct it. However, this is not the proper procedure according to the AIA documents or for purposes of the Exam.
In the B201, Article 188.8.131.52, it describes, based on our site visits, that the “Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner 1) known deviations from the Contract Documents… 2) defects and deficiencies observed in the Work.” This clearly states that we should be notifying the Owner of any nonconforming work.
In the A201, Article 12.3 Acceptance of Nonconforming Work, it states “If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction…” This clearly states the Owner has the right to accept a nonconforming use. In this episode I discuss a couple of examples of why the Owner may choose to do this.
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