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The Use of Shop Drawings on Construction Projectsby Jeffrey S. Wertman, Esq.

CONSTRUCTION LAW ALERT September

www.bergersingerman.com

BOCA RATON MIAMI FORT LAUDERDALE TALLAHASSEE

The use o shop drawingson construction projects iscommon and impacts theliabilities o owners, architects,engineers, general contractors,

subcontractors, specialtysubcontractors and materialsuppliers. Understanding whatshop drawings are, how theyare reviewed and approved, andthe types o legal claims thatarise rom the shop drawing andreview procedure is essentialto minimizing potential liabilityand acilitating the constructionprocess.

What are Shop Drawings?

The term shop drawings reersto the drawings, diagrams,illustrations, schedules,catalog cutouts (cut sheets),manuacturers installationpamphlets, and other data orinormation which are specifcallyprepared or assembled by or ora contractor and submitted by

a contractor to illustrate someportion o the work on a project.

Shop drawings are usuallyprepared by specialtysubcontractors or abricatorsand are typically required orpre-abricated components, suchas elevators, trusses, pre-cast,windows, appliances, cabinets,and air handling units. Shop

drawings are created to explainthe abrication or the installationo the items to the production orinstallation crews.

As one court explained, shopdrawings are the fnal word asto how the work should proceedand supersedes the architecturalplans. That is why shop drawingsare reviewed and approved bythe architect, who examines themor conormance with the designconcept o the project and orcompliance with the specifcationso the contract documents.Thus, approved shop drawings

will always carry out the originalintent o the plans.

Shop drawings are used onconstruction projects becauseit is not easible or thedesign proessional (architector engineer) to prepare adescription o every detail o alarge and complicated buildingor other improvement. Inaddition, architectural drawingsand specifcations typicallyonly speciy the perormancerequirements to be met by thecontractor; not the specifcdesign o the project. Under thecontract documents publishedby the American Institute oArchitects (AIA), shop drawingsare not part o the contractdocuments.

Review and Approval of ShopDrawings

The owner, contractor and design

proessional all have certainresponsibilities and liabilitieswith respect to shop drawings.Undiscovered errors in shopdrawings oten lead tounexpected or undesiredconstruction results, andsignifcant legal claims againstarchitects, engineers andcontractors.

The owner o a project rarely

assumes direct responsibilityor shop drawings. The owner,however, can be responsiblebecause o the acts o thearchitect or engineer acting asthe agent or the owner.

The contractor has theresponsibility to review andapprove the shop drawings beoresubmitting them to the designproessional or urther reviewand approval. The purpose oa contractors review o shopdrawings is to coordinate thetrades and confrm that aproject can be built as requiredby the contract documents.The contractor verifes thedimensions o the shop drawingsin connection with other shopdrawing and the plans. The

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Jeffrey S. Wertmanjwertman@bergersingerman.com(954) 627-9912

Jerey S. Wertman is a member o Berger SingermansDispute Resolution Team and Construction Law &Design Practice Team. Je ocuses his practice inthe areas o construction law, construction litigation,construction ADR, and general civil, corporate,commercial and complex litigation in state, ederal andappellate courts.

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contractor makes specialnote o revisions other thanthose requested by the designproessional. Shop drawingsare not supposed to be a meansor proposing changes rom thearchitectural plans. I changesor deviations rom the plans are

needed, a written change ordershould be executed.

The design proessionalsresponsibilities are to reviewand approve the shop drawingsor the purpose o checkingor conormance with theinormation given and thedesign concept expressed in thecontract documents, and not ordetermining the accuracy and

completeness o details, suchas dimensions and quantities, orsubstantiating instructions orinstallation.

Construction Claims Arisingfrom Shop Drawings

Construction claims involvingshop drawings againstcontractors, suppliers anddesign proessionals arise in avariety o situations. There are,however, ew judicial rulings whichinterpret the liability o the variousconstruction participants rom ashop drawing review.

Contractors have been held liableor incorrect dimensions o thematerial supplier where shop

drawings have been preparedrom the plans supplied by thecontractor and the supplierhas specifcally requestedverifcation o the dimensions.However, i the contract betweenthe contractor and materialsupplier provides that the

supplier is required to veriy feldmeasurements, the suppliercannot claim that it relied uponthe contractors review o theshop drawings.

Another situation in which anarchitect may be liable is i heor she ails to promptly act onsubmittals rom the generalcontractor. The architect can beliable or any resulting delays.

An architect can also be liable ihe or she approves a submittalproposed by the contractorwhich does not comport with theprojects specifcations, e.g., ithe contract requires that certainconstruction materials be used onthe project.

In addition, an architect couldbe liable i shop drawings o acertain trade have been specifed,but not submitted and thereorenot reviewed. The architect couldbe ound negligent i mistakesoccur with construction whichcould have been prevented hadthe shop drawings been reviewed.

Further, an architect can becomeliable i he or she acts beyond

his or her contractual duties. Forexample, although an architectgenerally is not contractuallyresponsible or the means andmethods o construction, i anarchitect reviews and approvesthe means and methods anddamages result, legal liability may

be imposed.

Conclusion

The shop drawing processpresents risks that must becareully managed becauseproblems during submittal reviewcan lead to incorrect installationsand delays. Contractors anddesign proessionals canminimize liability by having clear

and unambiguous contractlanguage that describes theexact purpose and limitations onthe review and approval o shopdrawings. Proper scheduling oshop drawing review is importantto assure timely turnaroundand to avoid claims or delay.Compliance with contractualduties provides the bestprotection against legal liabilityrom the use, review or approvalo shop drawings.

The inormation in this Construction Law Alert iso a general nature only and is not intended tobe relied upon as, nor a substitute or, specifcproessional advice. No responsibility or theloss occasioned to any purpose acting on orreraining rom action as a result o any materiain this publication can be accepted.

The hiring o a lawyer is an importantdecision that should not be based solely onadvertisements. Beore you decide, ask us tosend you ree written inormation about ourqualifcations and experience.