Acceptance of Nonconforming Work

Some food for thought here:

In the practice exam case study regarding the accessibility ramp there is a question regarding actions the owner can take after the accessibility architect has deemed the accessible ramps, constructed during the project, to be nonconforming work. (choose two)

One of the correct answers was: “Accept the work with a reduction in the Contract Sum”

However, as this relates to code compliance issue, would the owner actually be able to make this call if the acceptance of the nonconforming work would make the ramp non-compliant?

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Hi @Charlesanthonylent ,

This is a tricky question… Technically, the owner is within their rights to accept the non conforming work and may negotiate a reduction in the contract sum as a part of this.

This answer is supported by the A201 per article 12.3
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However, per the AIA code of Ethics (which is also an official ARE 5.0 resource) if the owner chooses to accept the work the architect should take steps including advising the owner against, refusing to consent, and reporting this to the jurisdiction having authority.
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@coachchrishopstock this does seem like a little bit of a ‘gotcha’ question. Referring it to you just to be sure we think it is up to snuff!

Thanks @coachdarionziegler !
I agree it’s tricky but it’s technically correct and is testing the candidates understanding that the owner is within their right to accept any non-conforming work (even if it is non-compliant with a code, law, etc.). I totally agree that the architect should make a big deal out of this particular scenario, up to and including reporting it to the AHJ.
I would think the ARE would include some tricky situations like this, so we are aiming to match our practice exams to that level of difficulty.

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Thanks @coachchrishopstock !

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