Contractor's role in construction

Despite this, contractors sometimes ask architects for advice or instructions as to how work should be done. Whilst the architect will want to try to help, so as to keep the job running smoothly, the architect should remember that it is the contractor, rather than the architect, who holds out to be the expert on erecting buildings.

It is suggested that the architect first ask whether the contractor has any solution to the problem in mind. If the architect offers advice it should be in the form of, 'One way to do this might be…but it is up to you to decide' – never in the form of an instruction, such as, 'Do it this way'. The latter may inadvertently amount to authorisation of a variation, with extra cost, under the building contract. Additionally, some contractors believe that if they rely on the architect's advice, any liability will fall on the architect. Whilst the contractor would be unlikely to escape liability, the architect might share in the liability if the advice proved to be incorrect.

The key principle is instruct the contractor as to the result to be achieved, not how to achieve it.

This is particularly the case where matters of safety are involved, eg shoring, underpinning, scaffolding, where the architect may well have little expert knowledge.

Should the contractor's problem reveal a design deficiency, then of course it is the architect's responsibility to find a solution and give the necessary instructions for amending the design.

Supervising building work

A frequent source of trouble for architects is the suggestion that they have 'supervised' the building work. Some architects make the mistake of telling their clients that this is what they do.

Contractors supervise the building work. Architects administer the building contract and make sufficient inspections to be reasonably satisfied that the building work is in general accordance with the contract documents.

Supervision of building work calls for much more than the architect does during construction. It requires the supervisor to direct the hands that do the building work to ensure that the means, methods, techniques and sequences adopted produce the required result and to check that it is adequate when finished.

Requests for information

During construction the contractor may seek clarification or instruction from the architect. This will normally be in the form of a request for information (RFI).

Some contractors (and construction managers acting as contractors) abuse the request-for-information (RFI) process, by issuing RFIs frequently and too often, without having first undertaken a reasonable examination of the contract documents. This behaviour demands unreasonable time and resources from the architect. It can lead to unwarranted variation requests or set up a scenario for extension of time claims and, in the worst cases, can precipitate disputes.

Here are some possible strategies for the architect, in dealing with RFIs:

• Have a comprehensive knowledge of specific contract clauses dealing with instructions and answering queries, particularly concerning time frames.
• Remind the contractor of the representation it made at the time of tendering, that it had read and understood the contract documents and submitted its tender on the basis of those documents and studied and compared the tender documents with each other and had reported to the architect any errors, inconsistencies, or ambiguities discovered.
• Consider including a clause in the contract documents requiring the contractor to reimburse the owner for the costs incurred by the architect in analysing and responding, when the answer to the RFI can be found in the contract documents. The architect can then charge the owner for the time taken in responding to the RFIs as an additional service.
• If it is considered that excessive RFIs are being issued, convene a meeting with the contractor to discuss the cause and establish what can be done to better manage the process. Use specific examples in this meeting.
• On major projects it may be prudent to place an architect on site full-time to short circuit RFIs before they occur.
• Where the contractor includes a time limit on the supply of the information that has been requested, ensure that the program implications of failing to meet the stated time is defined.
• Log and track RFIs in the same way as shop drawings and other documents submitted by the contractor. Losing track of these requests may subject the architect to a delay claim and further complicate matters. Even when RFIs are not being abused, contractors expect timely responses. Managing this expectation can be a challenge for the architect without a systematic approach to dealing with requests for information.
• Do not use RFIs as an opportunity to change your mind on design or materials as this will almost invariably result in additional cost.
• Remind contractors of problems associated with 'paper warfare'.
• Request the contractor have subcontractors attend site meetings where appropriate so that the architect can address questions.
• If in doubt, refer to the owner.