construction doc disclaimer language?

[Jefferson]

Sorry about the probable inappropriate posting here, I didn't know where to post this question............Djorde please redirect the post if you need to.

I have a contractor, new to me, who is balking at my rather extensive disclaimer which goes on every set of plans I turn out. [In fact refusing to sign a contract with the clients if the language appears. Never had this issue before.] It is a composite of language I have culled from disclaimers of other long time architects and designer friends of mine. I am curious what kind of language is common with my fellow ArchiTalkers for residential plan sets if you are willing to share I would really appreciate some help-advice-opinion here.

Mine is below. As I said it is extensive and intended to get the contractor to assist in oversight, as well as compliance to what is put forward by me, my engineer and local code authorities. All of that said I spend an inordinate amount of time "proofing" my plans, and I am conciseness to the point of absurdity. Knock on wood I have yet to have any issue with my plans. This is not a pass the buck as much as cover your ass kind of thing.........

GENERAL NOTES

THIS PLAN HAS BEEN PREPARED TO MEET PROFESSIONAL STANDARDS AND PRACTICES. HOWEVER, BUILDING CODE REQUIREMENTS VERY WITH LOCATION AND CHANGE FROM TIME TO TIME. BEFORE STARTING CONSTRUCTION THE CONTRACTOR MUST REVIEW AND BE RESPONSIBLE FOR ALL DIMENSIONS AND OTHER DETAILS AND SHOULD REVIEW PLANS TO INSURE THEY MEET CURRENT REQUIREMENTS. THE CONTRACTOR ASSUMES FULL RESPONSIBILITY TO VERIFY THE CONDITIONS, DIMENSIONS, AND STRUCTURAL DETAILS OF THE BUILDING, AND ASSUMES FULL LIABILITY FOR ANY PROBLEMS THAT MAY ARISE DUE TO POSSIBLE ERRORS ON THESE PLANS. ALL FEDERAL, STATE AND LOCAL CODES. ORDINANCES, REGULATIONS, ETC.,SHALL BE CONSIDERED AS PART OF SPECIFICATIONS FOR THIS BUILDING AND SHALL TAKE PRECEDENCE OVER ANYTHING SHOWN, DESCRIBED OR IMPLIED WHERE SAME ARE AT VARIANCE. USE OF THESE PLANS CONSTITUTES COMPLIANCE WITH THE ABOVE TERMS.
THESE PLANS HAVE BEEN GENERATED FOR THE CLIENTS LISTED IN THE PROJECT NAME AND ARE NOT TO BE USED, REPRODUCED, COPIED, OR DISTRIBUTED FOR ANY OTHER PROJECT WITHOUT WRITTEN PERMISSION FROM AND OR COMPENSATION DUE WHITECAP3D.

ANY ATTACHED ENGINEERING OR LOCAL BUILDING AUTHORITY NOTATIONS
SUPERSEDE AND OVERRIDE MATERIALS, FASTENING, NAILING SCHEDULES AND
CONSTRUCTION PROCEDURES PRESENTED BELOW
AND OR IN PLAN, SECTION OR DETAIL VIEWS.

[Jefferson]

I felt this would be a great resource venue, even if the subject is seldom discussed. I truly appreciate the input.

I cobbled this disclaimer together several years back and haven't really reviewed since. Reading and re-reading it is embarrassing . The language is that of someone who is scared to death to take responsibility for their work. That's not me or my intent..........My work is done on a handshake believe it or not. I came up working with a contractor building million dollar homes that way and have always admired, naively or not, that way of conducting business. To that end I am way off base with my original language. I sincerely doubt any of this, old or new version, could be defended against aggressive legal representation. It's not about that in so much as it's intended to compel participation toward the desired result without disregard for the parameters that guide local residential construction.

With your assistance this is where I'm headed. Hopefully appropriately defining who's responsible for what. Any further input is appreciated.........

THIS DESIGN AND PLANS ARE THE SOLE RESPONSIBILITY OF WHITECAP3D, [JEFF WHITE], AND HAVE BEEN GENERATED FOR THE CLIENTS LISTED IN THE PROJECT NAME AND ARE NOT TO BE USED, REPRODUCED, COPIED, OR DISTRIBUTED FOR ANY OTHER PROJECT WITHOUT WRITTEN PERMISSION FROM AND OR COMPENSATION DUE WHITECAP3D.

UTILIZATION OF THESE DOCUMENTS AND SUBSEQUENT FABRICATION-CONSTRUCTION ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. BEFORE STARTING CONSTRUCTION THE CONTRACTOR SHALL REVIEW AND VERIFY ON SITE ALL DIMENSIONS, DETAILS AND THEIR CORRELATION TO ATTACHED ENGINEERING. ANY DISCREPANCIES IN PLANS, DIMENSIONS, NOTES, OR DETAILS SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE DESIGNER PRIOR TO COMMENCING ASSOCIATED WORK, ALLOWING REQUIRED CORRECTIONS TO BE PERFORMED. ANY ATTACHED ENGINEERING OR LOCAL BUILDING AUTHORITY NOTATIONS SUPERSEDE AND OVERRIDE MATERIALS, FASTENING, NAILING SCHEDULES AND CONSTRUCTION PROCEDURES PRESENTED IN PLAN, SECTION OR DETAIL VIEWS AND SHALL TAKE PRECEDENCE OVER ANYTHING SHOWN, DESCRIBED OR IMPLIED. THE CONTRACTOR ASSUMES LIABILITY FOR ANY PROBLEMS THAT MAY ARISE DUE TO NON-COMPLIANCE. USE OF THESE PLANS CONSTITUTES COMPLIANCE WITH THE ABOVE TERMS.

[Anonymous]

Hello Jeff,
You and others might be interested in the article at this address.

http://www.aia.org/aiarchitect/thisweek05/tw0902/tw0902bp_riskmgmt.cfm

Peter Devlin

[Anonymous]

This may be an instance where the advice of an attorney familiar with construction law could be very helpful. Your client hires you, a professional, to do your work. Why not engage the services of a professional skilled in the formulation of protective language to do his/her work?

The use of some parts of the body of AIA documents may not be a bad thing, either. There is a family of agreements tailored to the needs of "small projects" that are not too onerous, yet offer a modicum of protection to all parties in the process of designing and building projects.

[Anonymous]

Thanks Jefferson for bringing this up.
Very brave; you are to be commended.
Maybe the most important topic ever, for architects
and designers.
Without a great agreement you might not even want to draw the
first line.
After having been a contractor/designer for 30yrs in Calif.
I must say, my Terms and Conditions, along with what is on
plans, is very strong, (equivalent to 9 full typed pages) much too long to post here,
with the most important items said a least twice and written in plain "english".
Also in your agreement to owner, call out that the contractor is to
read and agree to all the conditions set forth in you agreement with owner
as pertains to plans. Also call this out on plans.
However, the most important statement is that "if any part of
these "terms and conditions/plans" are found to be invalid, illegal,(etc)
that particular "term and or condition" shall be as if it does not exist and all other provisions set forth herein, shall be fully enforceable.
Next most important thing, is that ALL discrepancies (not just dimensions) shall be brought to the attention of the architect/designer, IN WRITING! (That means words, not drawings), because that is my responsibility.
In my opinion, that is enforceable, and should they not provide clear, written-down issues they have
found, and legally transferred them to me, then that's on them.
I can’t go around chasing, he said, she said, he said,…….But you must spell this out.
Of course, very, very, abbreviated with all legal disclaimers, that I’m not a lawyer, bla, bla, bla.
"all parties" is not my concern, protect your shelf, for no-one else will!
I’m sure someone will disagree with things I've said here, but what the hell, fire away.
Enough said for now, maybe more latter.
Peter, great article.
Think I'll add some of those ideas also.
Bier