You are an owner and hired an Architect to provide you with an Architectural design and then a structural Engineer to de

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You are an owner and hired an Architect to provide you with an
Architectural design and then a structural Engineer to design your
building. They collaborated and agreed on the concept and design
and respected the scope of the project; the plans and
specifications were completed. You proceeded and hired a general
contractor to build the project.
(Just so there are no dilemmas, there was no tendering process;
the project was given by invitation)
The Contractor realized that the site conditions may be more
challenging compared to the information and report originally
supplied and outlined on the plans and specs and will therefore
require additional costs.
The contractor comes to you to ask you that he will be requiring
extras and you as an Owner are refusing to pay. All the contracts,
for all parties, were on a fixed price basis.
Now what?
Briefly describe:
a) The Architects' and Engineer’s responsibilities and
obligations
b) The General Contractor’s responsibilities and
obligations
c) The Owner’s responsibilities and
obligations
QUESTION 2
Taking a twist to question 1, assuming the owner was the City of
Laval. These are the differences from question 1:
· The contractor was the
successful bidder and was awarded the contract & it was not a
Design-Build
· The Architect and the
Engineer on this project were employees of the city
a) Would the obligations, and responsibilities, of the
contractor, be different?
b) The Architect & Engineer are the mandataries of
the city, responsible for the design, project management &
supervision, does this change their responsibilities?
QUESTION 3
You are a contractor and for your most recent project, you are
faced with extremely difficult clients. They are imposing, have no
competence or understanding in construction, they try to interfere
in the worksite and attempt to impose methods of work that are
contrary to the rules of art.
In your practice, you are familiar with Article 2119
C.C.Q. You understand that this article, is accessible to you
and it allows you, the contractor, to evade responsibility by
proving that defects result from decisions imposed by the client
in, among other things, the choice of construction methods.
Q: Would this article in the Civil Code apply in this
case, as you are facing these clients, should any defects
arise?
QUESTION 4
For any given construction project, an incomplete set of
drawings and specifications (Called the Contract Documents) are a
source of risk to Owners, Consultants, and Contractors.
a) Identify what are the potential risks for each of the
parties, the Owners, the Consultants, and the
Contractors?
b) If there was no choice and each of the stakeholders
had to work with incomplete drawings, in what ways can
they anticipate mitigating potential
damages and losses?
QUESTION 5:
Under the Civil Code of Quebec, Articles 6, 7, and 1375, the
entering and performance of contracts must be carried out in “Good
faith”.
The cases we have discussed in class have looked at this issue
in both an expansive and a restricted way; each case has been
uniquely decided and many generalized principles have been born and
have become the backbone support arguments, used as jurisprudence
for construction cases being tried.
Q: In your opinion, if you had to pick just one case
that you would say is the most effective to use, which would it be
and why?
QUESTION 6:
Contract A is formed when a contractor submits a compliant bid
in response to an invitation to tender. The principal terms of
Contract A are the irrevocability of the tender during the
acceptance period provided for in the “request for tenders (RFT)”,
and the obligation of both parties, if the tender is accepted, to
enter into a contract (Contract B), on the terms set out in the
RFT. The obligation of the parties to enter into Contract B arises
from Contract A and is not dependent upon communication of the
acceptance from the owner to the contractor.”
a) What events give rise to a contract under an
invitation to tender?
b) And if a contract arises, does it oblige the Owners
and the bidders to always enter Contract B-the building contract,
or could you see any exceptions?
c) In your opinion, would you change this principle, and
why?
QUESTION 7:
This course dealt with legal issues in construction, we
discussed laws, regulations, standard practice codes, the various
court systems, and jurisdictions. More importantly, we dealt with
many cases that brought to light some of the real issues in the
construction industry and you saw how various issues were dealt
with in the court system. During your employment, you will
undoubtedly have to face complex situations, challenging your
obligations as a professional
Q: All the questions below are inter-connected and
should be a part of one answer
After taking this class, what are some of your
take-aways, i.e., some of the key items that have impacted you and
your opinions? how do you see yourself facing an issue
now, compared to how your outlook was in January? And what
factors would now shape your actions and decisions?