gadfly56
Senior Member
- Location
- New Jersey
- Occupation
- Professional Engineer, Fire & Life Safety
i dont see the problem , AHJ or Plan Check always redline plans, That is what they do. The plans are either re-submitted or stamped Accepted with redline changes from the plan checker. If the engineer has a problem then he can address the Plan check. in either case the OP obviously bid on a non stamped approoved plan. I can only fathom that the OP either took the job as given or forfieted his position.
What I hate is the Standard AIA contracts have the arbitrary and capricious clauses. I have seen plans that say the EC will provide a complete code compliant system as per structure as built. So in other words if the foot print increases I stil need to add electrical as per my original bid. I realize how this language came to be. The builder wants to reel in the costs. He does not want to see all the extras. Maybe he is a fraud or honest. Who knows. The problem is Architects, engineers and designers do not take responsibility for the problems or changes they create. Owners try to avoid signing for necessary agreed to changes. Subcontractors continue the work so as not to be in default. The subcontractor is always the one to bear the cost changes. Untill the law takes care of this and protects the subcontractor.
I had a GC do this to me many years ago. I told the GC that I would proceed on all work except for the changes until the changes are signed. And if the delay causes other issues or costs so be it it will be his problem. The next thing that happend in the GC came to me , got right in my face trying to intimidate me and threaten me. I had to call the police the entire crew whitnessed it. The GC wound up paying me some money to go away. He really got screwed in the end. Later I heard he lost all his property , it took a while but karma got to him.
Good luck.
Well, I guess they do it different in your neck of the woods. Around here, the plans have to be signed and sealed before they hit the building department. If you're lucky, you got to bid on the submittal set. Since we do a lot of our own design work, we make it clear that any changes required by the building department will mean a change order.
Again, if the plan examiner marks up my drawing, and hits it with the "Approved" stamp, he's breaking the law in New Jersey. Period. If he caused the sort of situation the OP finds himself in - say for example he crossed out "EMT" everywhere and wrote in "RMC" - it could also be construed as tortious interference with a contract. Or a court might find that the owner was the recipient of "unjust enrichment".