But Upon Closer Inspection …
A general contractor’s work is often subject to inspection by a third party, such as an independent professional (generally hired by the owner) or a representative of the authority having jurisdiction over the construction project. Invariably, a failed inspection is considered proof of non-conforming work and requires corrective or additional work to achieve a passing result on re-inspection. Indeed, the General Conditions of the standard AIA contract provide if a third-party inspection “reveal[s] failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure … shall be at the Contractor’s expense.” There is little a contractor can do to change this outcome (other than involve the responsible subcontractor to address the problem) because it is difficult to disprove or invalidate a failed inspection.
But Upon Closer Inspection … Read More »