In the specifications, design professionals typically include requirements that certain shop drawings must be submitted by the contractor. To avoid liability for shop drawing review and to ensure a high quality project, architects and engineers need to know about and enforce the contractor’s obligations regarding shop drawings. Sections 3.12.16 and 3.12.17 of the 1997 edition of AIA 201 require that the contractor review and approve the shop drawings of its subcontractors and suppliers before they are submitted to the architect or engineer. Frequently, this does not occur, passing potential liability to the design professional. If a shop drawing contains obvious errors showing that the contractor merely processed or rubber-stamped the shop drawing, or the drawing has not been reviewed at all, the design professional must return the drawing with an explanation of the contractor’s responsibility to review and approve the shop drawing and require resubmittal when completed and all errors corrected. It is tempting when there is a time crunch to simply review the shop drawing anyway but that is a mistake and requiring that the contractor review and approve the shop drawing will result in a better project.
Design professionals should require that the contractor stamp the drawings approved because that is the contractor’s representation that the drawings haven been reviewed and conform to the requirements of the contract documents. AIA 210 section 3.12.8 requires that the contractor notify the design professional if the drawings deviate from the requirements of the contract documents. If the drawings do not and there is no contractor’s approval stamp on the shop drawing, the contractor may argue later that the engineer approved the deviation, even when he didn’t know that there was one. If shop drawings are submitted and they have not been reviewed and approved by the contractor as indicated by its stamp, a savvy design professional should return the drawings with a clear note that they must be reviewed and approved by the contractor in accordance with the contract. Note the return of the shop drawing to the contractor for completion of review in your shop drawing log. Do not allow a contractor to pass its contractual responsibilities to you.
If you have any questions about shop drawings or other project administrative issues, we would be glad to help you. The attorneys of Gibbes Burton are passionate about helping professionals and businesses to minimize risk and build success.