Design professionals routinely review shop drawings and other submittals during the course of a project. Review of submittals can, however, subject design professionals to additional liability. In particular, when there is an error in work that was the subject of a submittal, claimants argue that an architect or engineer’s approval of the submittal means that he reviewed and approved the means and methods described, dimensions, safety analysis and other information in the submittal.
Fortunately, you can avoid this pitfall by ensuring that the contract documents explicitly limit the scope of your submittal review. In addition, include similar language on your review stamp or review cover sheet, along with language excluding review of dimensions, details, fabrication processes, sequences and the like. By putting this limitation on a shop drawing stamp, you can eliminate the argument that the contractor or subcontractor was relying on the design professional’s review and approval for these purposes. Consider using a stamp similar to:
In addition, consider implementing other practices to avoid potential liability. First, design professionals should not generate shop drawings unless this task is specifically assigned to the design professional by contract. Doing so means creating a risk of additional potential liability. Second, design professionals should avoid trying to “fix” shop drawings and have the contractor revise and resubmit an unacceptable shop drawing. Third, design professionals should reject or require resubmission of a submittal that is plainly not correct, since any other action could result in facing the argument that the design professional approved the submittal.
If you have any questions regarding review of shop drawings or other submittals, 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.