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.
