One question’s explanation in PjM test about hazardous material confused me:
B101 S5.9 says “Owner shall furnish tests…required by law or the Contract Documents…”
A201 S13.4.1 says “Tests…shall be made as required by Contract Documents…Unless otherwise provided, the Contractor shall make arrangements for such tests…and shall bear all related costs…”
So who is responsible for tests and inspections, or by how, like one part pays and the other one arranges the tests?
Hello! I think when looking at these it is important to remember to look at the bigger picture
Taking direct excerpts from A201 - this is between owner, architect and contractor and meant to supplement the contract/construction documents (13.4.1): Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws….. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals….. and shall bear all related costs… The Owner shall bear costs of tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded. The owner shall directly arrange and pay for tests, inspections or approvals where building codes or applicable laws or regulations so require.
Basically, per the A201 - the contractor shall make arrangements for tests, inspections, etc. UNLESS OTHERWISE PROVIDED. I would read this as a cover themselves kind of note - the AIA documents are trying to move risk off the architect, then off of the owner. So if for some reason a test, inspection, etc. was missed in the contract documents, but is needed - it would be covered by the contractor. But generally speaking tests, inspections, etc. would be covered by the owner.
B101 - this is between owner and architect (5.9) The owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution and tests for hazardous materials.
Again, the B101 is just between the owner and architect and is moving all risk for testing, inspections, etc. off of the architect and onto the owner.
Let me know if this helps? Happy to elaborate further if needed!