“An architect submits a drawing set for a large mixed-use project to the AHJ for building permit plan check. The AHJ is experiencing delays and estimates building permit approval will take 10 months. To make up for the delay, the owner distributes the same drawing set for competitive bidding and provides a 90-day review period for submissions. The architect is concerned about the potential for plan review comments that may result in design changes and increased construction costs. How should the architect address this concern?
A. Provide a contingency for additional architecture design fees in the bidding forms.
B. Include an allowance for future plan check revisions in the Division 01 specifications and allowance form.
C. Advise the owner to extend the open bid review timeline to match the estimated building permit approval date.”
Here is what happens in my head when I read this:
The Architect submits the CDs to the AHJ for building permit - and is told it will be TEN MONTHS to review? Does that kind of thing happen?
So the owner “to make up for the delay” puts out the bids for 90 days. In what sense does that “make up” for a ten month delay? I mean I guess - now we only have…SEVEN MONTHS to go… (?)
Now the really weird thing happens:
The Architect decides he’ll “address the concern” of what happens (in 10 months) if the AHJ sends the plan review back with “comments” (read: revise and resubmit…and wait even longer…)
And so here’s what NCARB says the architect does: B “Include an allowance for **future plan check revisions*** in the Division 01 specifications and allowance form.*”
So - If I’m bidding on this project I know that in seven+ months:
1. The market will be different - the owner could say, “Hey - steel frame instead of concrete…” And even if the structure stays the same the prices will all be different.
2. Some weird geopolitical thing could happen and now there is a huge shortage of XYZ that’s all over the project.
3.On top of that - the AHJ can come back and say there is some aspect of the building that won’t meet code and I don’t know what it might be.
How am I supposed to contractually BIND myself to deliver this project under these circumstances.
I’d have to say, “Here’s my bid, but I need the contract amended to re-bid in SEVEN MONTHS when we actually know if this is even going to be allowed to be built in the first place….”