DISCLAIMERS

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Author Message Ralph Liebing, RA, CSI Senior Member Username: rliebing Post Number: 564 Registered: 02-2003 Posted on Wednesday, March 21, 2007 - 09:51 am:    INTERESTING ITEM REGARDING SUPPLIERS' DISCLAIMER IN QUOTES. www.constructionclaims.com/issues/5_10/court_opinions/1133-1.html Lynn Javoroski CSI CCS LEED AP SCIP Affiliate Senior Member Username: lynn_javoroski Post Number: 517 Registered: 07-2002 Posted on Wednesday, March 21, 2007 - 10:28 am:    Ralph, the full text is unavailable to non-subscribers, unless you pay $5 per view. Would you be able to provide additional information (although just the one-liner is quite an informative grabber) - "Disclaimers in a price quotation do not trump a supplier’s contractual duty to furnish materials that meet the specifications or supply requirements of a project." Ron Beard CCS Senior Member Username: rm_beard_ccs Post Number: 175 Registered: 10-2002 Posted on Wednesday, March 21, 2007 - 12:42 pm:    My favorite disclaimer is: "All similarity between drawings and specifications are purely coincidental." Wayne Yancey Senior Member Username: wyancey Post Number: 324 Registered: 05-2005 Posted on Wednesday, March 21, 2007 - 03:44 pm:    Disclaimers from Architect's. Source: Holloway Consulting Group, THE E-M@IL CONSTRUCTION REPORTER, ISSUE NO. R55 For example, in a recent HCG case, the following unusual language was found in the fixed price construction contract: "The plans and specifications are complimentary. The contractor is to provide all work shown on the plans, whether or not adequately described in the specifications, and all work described in the specifications whether or not specifically indicated on the plans as if called for by both." Wait, wait. There is more. As fundamentally unethical as it may be, attempts are sometimes made to impose responsibility on the contractor for the workability of the design. This may happen whether or not the action is properly predicated on the contract documents via the inclusion of language, such as the following from a recent HCG case: "The contractor is responsible to furnish whatever is necessary to ensure a complete and properly functioning system, regardless of whether or not shown in the contract documents. It is the intention of this section to have a complete system functioning adequately for its intended purpose. It is the contractor's responsibility to correct materials and equipment if they have not been sized properly, at no additional cost, in order to achieve this purpose." Phil Kabza Senior Member Username: phil_kabza Post Number: 239 Registered: 12-2002 Posted on Wednesday, March 21, 2007 - 03:59 pm:    My specifications are occasionally complementary but less frequently complimentary, as we all know they are to address the Contractor. Sheldon Wolfe Senior Member Username: sheldon_wolfe Post Number: 244 Registered: 01-2003 Posted on Wednesday, March 21, 2007 - 04:10 pm:    The "plans and specifications are complimentary..." clause is not at all unusual; it occurs in the AIA general conditions (spelled correctly, of course). Ralph Liebing, RA, CSI Senior Member Username: rliebing Post Number: 565 Registered: 02-2003 Posted on Wednesday, March 21, 2007 - 04:12 pm:    Well, Wayne, guess you're in the right "court"!!!! Couldn't resist that one! Incidentally, I have gone to the court's web site but have not been able to locate the decision. Would think it may have come before the first of the year. Wayne Yancey Senior Member Username: wyancey Post Number: 325 Registered: 05-2005 Posted on Wednesday, March 21, 2007 - 05:11 pm:    Ralph, I am in the AD(vantage) court and have just served up an ACE. Jim Brittell Senior Member Username: jwbrittell Post Number: 44 Registered: 08-2004 Posted on Thursday, December 20, 2007 - 01:14 pm:    I attended a job site meeting, and on the wall of the conference room was a sign that says, "The building shown in these plans is generic. Your building may vary." Truth in advertising..... Dave Metzger Senior Member Username: davemetzger Post Number: 238 Registered: 07-2001 Posted on Thursday, December 20, 2007 - 01:31 pm:    Speaking of truth in advertising... At the gysm where I used to work out, there was a local contractor's project manager who had a T-shirt that read "We're slow, but we're expensive."