LEGAL ASPECTS OF QUALITY CONTROL

THE DESIGNER, THE ENGINEER OR ARCHITECT, THE CONTRACTOR, AND SUB-CONTRACTOR - AND SOMETIMES EVEN THE OWNER - ARE LEGALLY RESPONSIBLE FOR DIFFERENT PARTS OF QUALITY CONTROL OF CONSTRUCTION. THE RESPONSIBILITY IS DETERMINED PRIMARILY BY CONTRACT TERMS AND IS DELINEATED BY WHAT THE COURTS HAVE SAID IN LITIGATED DISPUTES. THE ENGINEER IS RESPONSIBLE IN CASES OF NEGLIGENCE OR WHERE HE HAS UNDERTAKEN WORK FOR WHICH HE IS NOT QUALIFIED. HE IS NOT LIABLE FOR MISTAKES OF JUDGEMENT IF HE EXCERCISES THE SKILL AND DILIGENCE REASONABLY EXPECTED OF A PROFESSIONAL. TESTS AND INSPECTIONS MUST FOLLOW TRADE PRACTICES AND MUST BE PROMPT. CLAIMS MUST BE MADE PROMPTLY. IN GENERAL, INSPECTION AND ACCEPTANCE AT COMPLETION ARE FINAL AND CONCLUSIVE. WARRANTY AND GUARANTY ARE SO CLOSELY RELATED TO QUALITY CONTROL THAT THEY CAN BE TREATED AS ONE AND THE SAME. MATTERS OF QUALITY CONTROL IN ENGINEERED CONSTRUCTION ARE PROBABLY AMONG THE TOP PROBLEMS ENGAGING THE ATTENTION OF THOSE IN THE LEGAL PROFESSION WHO DEVOTE THEIR TIME TO THE CONSTRUCTION INDUSTRY.

  • Availability:
  • Supplemental Notes:
    • Vol 35, No 10, PP 71-73, 2 PHOT
  • Authors:
    • Jarvis, R B
  • Publication Date: 1965-10

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Filing Info

  • Accession Number: 00238435
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 13 1994 12:00AM