Reviewed September 7, 2026.
Missing details or inconsistent drawings can produce expensive disputes over whether corrective work is included in the original price. There is no automatic answer that the owner must pay every additional cost, or that the contractor must absorb every design omission.
Start with the agreed allocation of responsibility
Review the drawings together with specifications, scope descriptions, exclusions, addenda and incorporated conditions. Work reasonably required by the complete contract may already be included even if a particular drawing omits a detail. Design responsibilities, delegated design, field verification, coordination and code obligations also matter.
For example, AIA’s commentary on A201–2007 explains that contract documents are complementary and that contractors must compare relevant documents and report discovered errors. Sections 3.2.2–3.2.4 distinguish coordination duties from professional design review and direct additional-cost or time claims into the contractual claims process. This is an illustration from a particular form; check the edition and modifications actually signed.
Document the discrepancy before it becomes a larger problem
Send a clear request for information identifying the conflicting documents, site condition and affected work. Request written clarification from the authorized person. Give any separate change, delay or claim notice required by the contract; an RFI alone may not preserve a monetary claim. Do not knowingly build an unsafe condition while awaiting a decision.
When clarification changes the required work, identify added labor, materials, equipment, sequencing and schedule effects. Seek an authorized written change order where required, and preserve instructions and reservations of rights if the contract requires disputed work to proceed. Emergency protective measures need appropriate documentation as well.
The resulting payment dispute turns on the contract, governing law, the nature of the error and the parties’ conduct. Early review can help distinguish an included scope item from a compensable change and avoid losing a claim through missed notice requirements.
Kushnick Pallaci PLLC assists clients throughout New York with construction change-order and delay disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
important information is provided. really...
ReplyDeletethank you for such a post. keep it up.
good thoughts are provided. keep it up.
ReplyDeleteWhat about the responsibility of the Architect or Engineer for their errors and ommissions?
ReplyDeleteGood question. Architects and Engineers would certainly face potential liability for incorrect details in the plans. Where the plans contain incorrect information the owner would certainly have to determine whether it has a potential claim.
ReplyDeleteTake my example of the steel connection details. If the general contractor catches the deficiency before the steel erector actually connects the steel then there may not be any damages that the owner could pass on to the engineer that designed them. As with any claim, you need to address two questions: First, is there liability for the omission? Second, if there is liability, what are the damages? Here, there is almost certainly liability. Calling out the wrong connection detail would seem to me to be a deviation from the standard of care of a reasonably prudent engineer. However, there may be no damages. If the engineer had designed the connection detail correct the first time then the owner would have had to pay for the more expensive nut and bolt anyway. So there is really no extra costs incurred by the owner that could be passed on to the engineer under his or her errors and omissions policy.
However, if the example is tweaked a bit then the result can change. Let's say that the general contractor didn't catch the error but rather simply followed the specification provided by the engineer. At some point later on the error is noticed (perhaps by a construction manager or consultant or a building inspector). At that point the owner will pay (the general contractor will submit a change order) to remove each old connection and replace with the new connection. The owner now has incurred significant additional costs due to the error and the additional costs can and should be passed on to the project engineer.
So in short, the general contractor can pass the additional charges on to the owner and, if the owner then incurrs additional costs, it can pass them on to the architect and/or engineer.