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VoL e, No. 8 Page 2 August 1988 <br />owners view testing and inspection as an <br />undertaking which simply duplicates some- <br />thing they are entitled to in any event. <br />They are confident they will be protected <br />by contract documents which cover every <br />detail and contingency. They look to local <br />building inspectors to assure compliance with <br />codes. And they fully expect the design <br />team to fulfill its obligation to safeguard <br />the quality of the work. <br />A Foz in the Henhouse <br />[f testing is perceived as little more than <br />an 'unnecessary, but unavoidable expense, <br />why not make the general contractor respon- <br />sible for controlling the cast? It may pro- <br />duce a savings, end it certainly eliminates <br />an adminstrative headache. If contractual <br />obligations dealing with the project schedule <br />and budget can be enforced, surely those <br />governing quality can be enforced, es well. <br />Possibly so, but who is going to do it? <br />Some testing consultants will not accept <br />CQC work. The reasons they give come <br />from firsthand experience. They include: <br />1) inadequate to barely adequate scrape, 3) <br />selection based on the lowest bid; 3) non- <br />negotiable contract terms inappropriate to <br />the delivery of a professional service; 4) <br />intimidation of inupectors by field super- <br />visors; and 5) suppression of low or failing <br />test results. This ought to be fair warning <br />to any owner. <br />Keeping Both Hands on the Wheel <br />The largest par[ of the problem, from your <br />point of view, is one of artful persuasion. <br />[( you cannot convince your client of the <br />value of independent testing and inspection, <br />no one can. Yet, if you do not, you are <br />likely to find yourself responsible for an <br />assurance o[ quality you are in no position <br />to deliver. How can you keep quality control <br />where it belongs and, in the process, prevent <br />the owner from compromising his or her <br />interests in the project as well as yours? <br />Consider these suggestions: <br />1. Put the issue on an early agenda. It <br />needs your attention. Anticipate the owner's <br />inclination to avoid dealing with testing and <br />inspection, and explain its importance to the <br />success of the project. Persist, it you can, <br />until your client agrees to hire the testing <br />laboratory independently and to establish an <br />adequate budget to meet the anticipated <br />costs. A testing consultant hired by the <br />owner cannot be fired by the general con- <br />tractor for producing less than favorable <br />results. <br />2. Tailor the testing requirements carefully. <br />Scissors and paste can be your very worst <br />enemies. Specify what the job requires, <br />retain control of selection and hiring, make <br />certain the contractor's responsibilities for <br />notification for scheduling purposes are <br />clear, and require that copies of all reports, <br />be distributed by the laboratory directly to <br />you. <br />3. Insist on a econstruction testin con- <br />ference. It can be an essenttal element o <br />~tTve coordination. Include the owner, <br />the general contractor, major subcontrac- <br />tors, the testing consultant, and the design <br />team. Review your requirements, the pro- <br />cedures to be followed, and the responsibili- <br />ties of each of the parties. Have the testing <br />consultant prepare a conference memoran- <br />dum for distribution to all participants. <br />4. ytonitor tests and ins actions closel . <br />Make certain your field representative is <br />present during tests and inspections, so that <br />deficiencies in procedures or results can be <br />reported and acted upon quickly. Scale back <br />testing if it becomes clear it is appropiate <br />to do so under the circumstances; do not <br />hesitate to order additional tests if they are <br />required. <br />5. Finally, keen your client informed. With- <br />out your help, he or she is not likely to <br />understand what the test results mean, nor <br />will your actions in response to them make <br />much sense. !f additional testing is called <br />for, explain why. Remember, it is en unex- <br />pected and, possibly, unbudgeted additional <br />cost for which you will need to pave the <br />way. In this serue, independent testing and <br />inspection can serve an important, secondary <br />purpose. You might view it as a communica- <br />tions resource. Use it in this way, and it <br />just may yield unelected dividends. <br />THE PROFESSIONAL LIABILITY PERSPECTIVE <br />