I came across this question on NCARB’s practice exam. I was wondering if anyone could provide some insight on why “B” is the correct answer?
An architect working on a project delivered through the design-build method conducts a site visit. The architect observes unsafe working conditions, noting that several construction workers are without hard hats.
How should the architect respond?
| A. |
Immediately instruct the construction workers on the safety precautions that need to be taken. |
| B. |
Document the unsafe working conditions in a memo to the contractor that is also copied to the owner. |
| C. |
Document the unsafe working conditions in a memo to the owner that is also copied to the contractor. |
| D. |
Ask the contractor to review the safety precautions that need to be taken with the construction workers. |
Correct answer: B
CORRECT RESPONSE
Document the unsafe working conditions in a memo to the contractor that is also copied to the owner.
The architect is only responsible for informing the contractor of any observed unsafe construction site conditions.
Hi @jonathan this is SUCH a tricky topic, because you need to balance the human nature to let people know about a safety issue with protecting yourself legally from being responsible for safety issues on site.
A is incorrect because the verb in the question is ‘instruct’ - you should never instruct workers about anything, ever. D is similarly incorrect because you’re delving into the contractor’s means and methods - asking them to review anything with the construction workers, aka subcontractors, is beyond your scope of responsibility as the architect.
That leaves B and C, which are super similar to each other - the difference being who the memo is addressed to and who is copied on the memo. By the way, whenever you see a multiple choice question with two choices like this, I’d immediately think that one of these two are correct. Since the issue you’re trying to address (site safety) is the contractor’s responsibility, you should address the memo to them. It’s best practice to copy the owner on correspondence to the contractor, which is in line with your responsibility to the owner to keep them updated on construction progress and issues on site.
I hope this was helpful!
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the architect and the contractor are directly contracted to the owner to prevent privity. Since the architect is contracted to the owner and not the contractor, wouldn’t Architect need to notify the owner and CC the contractor?
I think they’re two separate issues - just because the architect doesn’t have a contract with the contractor, doesn’t mean that they can’t communicate directly with them. For example, when you review a submittal you send that back directly to the contractor; you don’t send it to the owner and cc the contractor.