Thanks for the replies!!...........I have left myself open to some good old fashioned ridicule here and I am temped to let this post ride for a while just to see where it goes.............also temped to pull it, for the same reasons 
I've got Dwight talking nice about me, kinda, and that's good! 
And Dom thanks for the link. Reading through that maze mine seems like the easy reader version! GOD, that would frighten most lawerys! I'll peruse it for the type of language I'm after.
This disclaimer is definitely severe, and at a bare minimum needs rewording, and that is actually what I am after..............assistance and guidance toward a fair and balanced disclaimer compelling the contractor to perform as intended and be responsible to both the client, me and spirit of the design. Not the "it's all on you" disclaimer but something appropriate..........keep it coming, I can take it!
I've got Dwight talking nice about me, kinda, and that's good! And Dom thanks for the link. Reading through that maze mine seems like the easy reader version! GOD, that would frighten most lawerys! I'll peruse it for the type of language I'm after.This disclaimer is definitely severe, and at a bare minimum needs rewording, and that is actually what I am after..............assistance and guidance toward a fair and balanced disclaimer compelling the contractor to perform as intended and be responsible to both the client, me and spirit of the design. Not the "it's all on you" disclaimer but something appropriate..........keep it coming, I can take it!
Jefferson,
While I don't think you can ask the builder to bear the burden of errors in your drawings, you could ask that the contractor check the dimensions and conditions on the drawings prior to construction and report back to the architect any conditions that may interfere with or otherwise prevent the work as indicated. Such a condition will hopefully produce the cooperative results you are after and should not be seen as too onerous.
You may also want to consider, and perhaps you already have, a statement to the effect that changes made in the field without the acknowledgment of the architect will void the responsibility of the architect for such changes.
Now, for my disclaimer... ... I am not a lawyer and am only providing you the above generalizations based on things I have seen and used in my practice. We tend to have our lawyer review any disclaimers we use on our drawings as they must be able to defend us should any project end up in dispute. To me this seems like money well spent.
HTH
While I don't think you can ask the builder to bear the burden of errors in your drawings, you could ask that the contractor check the dimensions and conditions on the drawings prior to construction and report back to the architect any conditions that may interfere with or otherwise prevent the work as indicated. Such a condition will hopefully produce the cooperative results you are after and should not be seen as too onerous.
You may also want to consider, and perhaps you already have, a statement to the effect that changes made in the field without the acknowledgment of the architect will void the responsibility of the architect for such changes.
Now, for my disclaimer...
... I am not a lawyer and am only providing you the above generalizations based on things I have seen and used in my practice. We tend to have our lawyer review any disclaimers we use on our drawings as they must be able to defend us should any project end up in dispute. To me this seems like money well spent. HTH
Hi Jefferson,
Boy you get points for bringing up a topic that scares everyone.
Contractors at least in California are not responsible for architects'/designer's mistakes. I am not a lawyer and each state varies.
My understanding is the contractor is responsible for materials, methods of constructions and being able to build the 'Design Intent' of your work. To that end, as Erich said they have to familiarize themselves with the drawings and specifications that make up the bid package. Most general notes also call for some variation of 'discrepancies should be brought to your attention in a timely manner'.
I agree with others here; your wording is too harsh in asking [contractors] to take full responsibility for your work. But, that this is the first time in all your years of practice that your words have been questions demonstrates what we all know, that you are a good and decent person, not out to get them, just struggling with words like any good artichoke.
Boy you get points for bringing up a topic that scares everyone.
Contractors at least in California are not responsible for architects'/designer's mistakes. I am not a lawyer and each state varies.
My understanding is the contractor is responsible for materials, methods of constructions and being able to build the 'Design Intent' of your work. To that end, as Erich said they have to familiarize themselves with the drawings and specifications that make up the bid package. Most general notes also call for some variation of 'discrepancies should be brought to your attention in a timely manner'.
I agree with others here; your wording is too harsh in asking [contractors] to take full responsibility for your work. But, that this is the first time in all your years of practice that your words have been questions demonstrates what we all know, that you are a good and decent person, not out to get them, just struggling with words like any good artichoke.
Still looking?
