Practice Exam 3 - Case study 1, Nonconforming Accessible Ramp

Project Management
1

With regard to the question where the accessibility architect has deemed the accessible ramps, constructed during the project, to be nonconforming work.

What actions can the owner take?

  • One of the correct answers is to ‘Accept the work with a reduction in the Contract Sum’

So my question, why accept a nonconforming ramp with a reduction in price if the completed work is NOT acceptable by federal standards?

2

@BlueBeacon001 Per A201 § 12.3 Acceptance of Nonconforming Work:

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

The question states that the accessible ramps has been deemed to be nonconforming work - this simply means that it has deviated from the contract documents in some way. It could be as simple as a different material used than specified, or even a different paint color. The question/scenario does not indicate what that deviation was, or that the ramp was nonconforming in regards to federal standards - if that had been the case, there would liability/risk involved with accepting something that does not meet code.

Hope this helps!

Kiara Galicinao, AIA, NCARB
Product Coordinator
Black Spectacles

3

If you look at the exhibit showing the as built condition, it is in violation of ADA ramp code. That’s why candidates can’t accept the answer that in this scenario the owner is entitled to accept the non conforming work.

4

Good catch @aidenjh and sorry for overlooking that detail when providing an explanation. However, the answer choice is still correct in the way that the question is asked: “What actions can the owner take?” The important consideration here is that while the owner is unlikely to accept with reduction, it is in fact still a valid option for the owner contractually. Had the question asked: “What actions should the owner take?” your answers would probably be different, considering the choices available to you.

When an owner is faced with nonconforming work, they generally have three options for remedy:

  1. Reject the work and require correction or replacement at the contractor’s expense.
  2. Accept the work as-is with a reduction in the Contract Sum (essentially paying less for reduced value).
  3. Terminate or pursue damages if the nonconforming work is so significant that it undermines the contract.

It is important to remember that the ARE tests your understanding of key concepts, which may not always align with the most practical route. I know it is frustrating - always remember to take a step back and ask yourself: What answers does NCARB want me to provide?

@BlueBeacon001