A school hires a contractor to do some remodeling work at th

A school hires a contractor to do some remodeling work at the school. Because of the risk of injury to students the school decides to have the contractor perform the work during the summer when the school is shut down. The contract requires:

1.     The contractor to remodel the first floor including relocating the restrooms and relocating the underground sewer.

2.     The contractor to carry $5 million in insurance

3.     The schedule for the project is for 90 calendar days.

4.     The cost to perform the work as set at $350,000.

The architect was hired to prepare the plans and to provide project oversight on behalf of the school district including responsibility to visit the site periodically to inspect the work.

The contractor, during the first 10 days had excavated the trenching for the sewer line. The architect had just visited the site to inspect the work and found the work being performed as the contract requires including the proper safety protection. However it also became clear that the contractor was falling behind on his schedule. In an effort to accelerate the schedule the contractor began working Saturdays to catch up.

It was the contractor’s superintendent’s usual practice that he install a barricade around the excavated sewer trench as the bottom of the trench was 6-feet below the surface. Because they had started working six days a week to catch up, this particular Saturday the superintendent did not reinstall the barricade at the end of their shift at 3:30 so they can get a quick start on Monday. He did lock the door before he left.

However that Saturday, at 5:00 the principal of the school wanted to show one of the teachers the work that was being done. He unlocked the door and entered the large room. The space was dark as the permanent power had been shut off for safety of the contractor who was using temporary power for his own lighting and power. The principal, in an effort to find the temporary switch, stepped into the trench and broke several bones. To recover his medical payments he sued the contractor and architect for keeping an unsafe condition.

Discuss this case. Describe the responsibility of each party; contractor, architect and principal. What / whose insurances will play a role? Do you think the principal will collect?

i want

1.     Thoroughness of answer

2.     Completeness of answer

3.     Reasonable conclusion based on legal principles

Solution

Responsibilities of each party-

Responsibility of contractor-

Contractor\'s responsibility is to perform on ground operations in line with the quality and schedule freezed with school authorities and the designs submitted by the architect. Also, it is contractor\'s responsibility to maintain the safety standards on the site. Any failing from his part in the safety, quality and schedule can be charged as panelty. (if its clearly mentioned in the contract). Also it is mentioned that insurance is in the scope of contractor. Also, taking proper permission from school authorities in case he wants to work on saturdays also lies with contractor. Information to be passed on to the school authorities is compulsory in case of change in work or drawing or anything related to project. So, this is clear cut failing from contractor\'s side.

Responsibility of Architect -

Architect\'s responsibility is to provide designs and quality schedule to contractor at the start of the poject. And, also its architect\'s responsibility to visit site periodically or as described in contract with school authority and guide contractor through his works. It is his responsibility to point out mistakes done from contractor\'s side to school authorities and give proper corrections to normalise the situations. In this case architect visited the site and found that safety and quality standards are met. He pointed the contractor that he is behind schedule. Hence, there was no failing from archtect\'s side. He is right at his part.

Principal\'s responsibility -

User\'s responsibility is only actully giving the approvals for any changes happening on ground and of course initial designs. Also, it is school\'s responsibility to give payment to the contractor and architect as per contractual terms. It is school\'s responsibility to give proper cooperation in carrying out the works i.e. site clearance, timly approvals etc.

Hence, from above description it is clear that contractor should have taken prior approvals from the principal to work on saturdays and also even if it is saturday, safety standards need to be followed. Here clear cut failing is from contractor side and he has to pay the compensation for that.