Engineer/Contractor, Neither Controls the Others Activities
In the construction phase more attention is devoted to this phase of services in contracts between owner and design professional than all other phases together. This is due to the introduction of a third party…the contractor into the relationship between owner and design professional. The engineer and contractor work closely together while respecting each others area of expertise and neither controls the other’s activities. Engineers are justifiably sensitive about the large number of claims that have been made against them arising out of construction phase activities not only by owners and contractors but employees of contractors seeking damages in excess of what they are awarded under worker’s compensation laws.

Contractor’s Compliance with Rules, Regulations, and Ordinances
It is not the function of the design professional to monitor the contractor’s compliance with laws, regulations etc. that pertain to the furnishing and performing of the work. Design professionals are not professionally trained to furnish such services while others frequently are. If the owner believes it is important to monitor the contractor’s work to see if it is being done in compliance with laws, it is appropriate for them to hire someone trained in such matters to do so.

Pinning Down the Owner’s Requirements
Redoing design documentation because the owner changed their mind about what they want can be very costly for the engineer and the owner. Documenting the owner’s requirements for the project at the outset, including the initial project description will help the owner develop an understanding of what they want. Pinning down the owner’s requirements at an early stage is considered good discipline for the engineer. A certain amount of redesigning may be expected as incidental to obtaining the owner’s acceptance of the documentation. However, when the engineer is required to make significant changes in documentation that has been previously accepted, they should be entitle to additional compensation.

Variations in the Contractor’s Submittals
Past practice has shown us that many submittals are not responsive to the requirements of the contract documents. They contain differences in detail or other subtle differences from what is specified. These are difficult for the reviewing design professional to detect. The contract should require the contractor call each variation to the engineer’s attention and receive approval of the engineer. The engineer’s approval of a shop drawing does not relieve the contractor of responsibility for errors and omissions in them.

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