Construction Law Essay

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Law and Ethics

Chapter twelve focuses on the third prong of cost/ schedule/ quality tri by focusing on the 3 main issues that relate to the quality of construction which are inspections, acceptance, and construction. Inspections is the main attribute in the construction process to ensure that everything is going as planned and all standards are being met. Typically inspections are done by the owner of the project and by authorized individuals that represent the owner. Inspections are done while the project is underway and at the project’s completion. Inspections that are done while the work is going on gives the owner and contractor time to site out problems that need to be fixed while its less costly before the problem will be to high when the project is ending. Acceptance is the right to accept the work before payment for the work done. This can be a value tool if it is used properly. The owner should use this in order to note and identify problems in the work before it gets covered up and not seen. Whether you are the owner, architect, contractor, or subcontractor to and any downfalls or disputes in a project quality assurance has to be a big factor. The contractor has the responsibility and the top priority to make sure everything stays on track, and has to comply strictly to plans and specification. In government contracts the contractor has the ability and the obligation to create a system of inspections that affects the quality performance. The owner and contractor of the project should consider cost of inspections within the contract at the time of bidding. Each is responsible for their cost of for each inspection. The owner has the authority to conduct reasonable inspections and can also reject previous work from a previous walkthrough or inspection. The owner must be promptly notified by the contractor when an inspection needs to be done. Also if by any means the inspection is delayed the project work the contractor has the right to inform the government and the owner. If there is a dispute about work that has wrongly been rejected the contractor must investigate the methods used by the inspector. If the work that is being rejected is improperly then the contractor may be entitled to an extension a will be compensated for the extra work needed to be done. This is why written documentation of the inspection is needed to insure the problems that the contractor may face. Inspection is another way to avoid disputes between parties. If work is going along as planned and by contract parties won’t dispute. Everything has to be written in stone in the contract. If an inspector has misinterpreted the contract requirement s the contractor must quickly inform the owner or contracting officer.
Government contracts and private contracts must be different. In government projects and work acceptance can only happen if the person with actual authority accepts the work. In private contracts apparent authority may be whoever is in representation of the owner and they can accept such work. Final acceptance can only be given at final completion and final payment
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