Responsible party for repairing damages

Hello,

During a practice exam I got tripped up by some wording that I believe is a bit misleading and might actually change what the correct answer would be.

The question was:

During the construction of a hotel, the concrete subcontractor damages trees that were recently planted by the landscape subcontractor.

According to document AIA A201-2017, who is responsible for repairing the damages?

The key word here to me is “repair” I thought pretty long and hard about this one. My first choice would have been the GC (which is what the “correct” answer was), however, it would not actually be the GC out in the field repairing or replacing the damaged landscaping, it would be the landscape sub (true of false?)

Any insight welcome.

Thanks

1 Like

@Charlesanthonylent
Hm, I know the question your asking and I think these are always tricky. I think it goes back to who is CONTRACTUALLY responsible for this, but I could be wrong. Contractually, the contractor would find a way to repair this for the owner—even if that means the GC is working out payment/labor from the sub—the GC is who would be responsible to the owner for that repair.

Hope that is helpful!
N

2 Likes

Thanks @ncrane I always find it useful to talk these tings through so they really stick. We could say that the GC is “responsible” for directing/hiring/paying the landscape sub for repairing the work so there for the GC is “responsible” to the owner for repairing the work.

2 Likes

@Charlesanthonylent
I agree, I’m working on tackling this PjM test and what has been most helpful has been a community of those testing as well. That way we can bounce these questions off each other and really look at situational scenarios as the test would give.

I think it’s great that BS has developed a new community for these questions!
Best of luck on the exams,
N

1 Like

@Charlesanthonylent @ncrane

This is a great summary and a great discussion! I’m very happy to hear you are finding the Community helpful.

I just wanted to add one thing - this idea goes back to a few articles in the A201 about how the contractor is responsible for constructing the building in accordance with the contract documents.

I think the article most applicable to this question is 12.2.4 below:
image

Hope this helps!
-Darion

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