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Learn about Section 3.14 in the A201- 2017.
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Hello, and welcome to another edition of on our terms of video series by AIA Contract Documents.
In this video we’re going to be talking about the contractor’s responsibilities when it comes to cutting and patching on a job site.
My name is Mike Kogar, I’m joined by my colleague, Colleen Telling. We’re both attorneys who work with the AIA Contract Documents committee. As always, we can’t give legal advice on this video but we could tell you about what the AIA Contract Documents say.
Colleen, want to take it away and tell us about cutting and patching.
Well thank you so much Mike.
As Mike just mentioned in today’s video, we’ll discuss a couple scenarios of cutting and patching as well as how the A201 general conditions can guide a contractor in these areas.
In the course of a contractor’s work, almost inevitably some cutting and patching will occur during demolition and remodeling of a structure. It may be necessary for example, to cut architectural concrete and reuse it in the finished product. As a real-world example, memorial bridge connecting Virginia and DC was removed and rebuilt in 2019 and 2020. Their demolition occurred in stages and the contractor was required to cut the decorative concrete columns serving as guard rails on the pedestrian portion of each side of the bridge, without letting them fall into the Potomac River below and save them for reinstallation.
So a lot of precision was needed to cut those columns in sections so that the finished height would still be even along the length of the bridge upon reinstallation. Now fitting those pieces back together takes some finesse and leveling out with new concrete bases to account for differences in height. On the patching side of things, you might think about a contractor erecting steel and forms to pour a concrete wall. When the concrete has cured and the forms are removed, it’s important to feel concrete inside the tie holes from the formwork and blend that patchwork with the rest of the poured surface.
So the A201 general conditions contain a cutting and patching provision in section 3.14.1 that obligates the contractor to cut, fit and patch the work properly which would apply to the examples that I just discussed. In addition, A201 requires those areas to be restored to the condition in which they were in before the cutting fitting and patching took place.
While a contractor is cutting fitting and patching work, it’s important not to damage or endanger those areas as well as any other areas under construction by the contractor or separate contractors or any finished portions of the owner’s structure. In the example of the Memorial Bridge, the contractor had to be careful not to damage the finished pedestrian bridge when installing the preserved guardrail columns and also exercise care not to damage the columns. This section 3.14.2 makes that a contractual requirement.
In addition, if a contractor needs to cut or change the owner’s existing structure or construction by another contractor this section calls for the contractor to obtain written consent from the owner and separate contractor. Under this provision, consent is not to be withheld unreasonably by any party. Of course, unreasonably is subject to interpretation, but in general, details like timing, location and size of the cut and patch area may need to be considered and factor into an analysis of what may be unreasonable.
So with that Mike, I will ask if you have any questions or comments regarding cutting and patching?
I do not, I mean, I think a lot of what’s in here is kind of probably common-sense stuff to most contractors. I think if you ever do run into an issue with the contractor, you know having to cut into an existing work and destroying something. it’s nice to have this in here if you’re an owner but it seems pretty common sense, I think makes sense, thank you.
I agree, all right.
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Thank you very much.