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I have to be careful because the GC on this project is a good customer and it is his job to mediate between us and the engineer. I believe I know how I will handle the lightning protection now. Just tell them they should have gotten another sub?
If they are a good customer then perhaps it might work better if you told them the truth, that you did not pick it up and that since they are hooked with it that you would be happy to help them out with the conduit portion. PVC is cheep and it?s inexpensive PR.
?My goal with this post was to try and find some legal presidence in this type of conflict. I am talking a book that I can look up these legal questions and argue with them?
Just my two cents but legal arguments with ?a good customer? rarely work out like you think they should.
? how do I legally fight it when the electrical engineer completely omits items on the E sheets and his ego is too large to let him admit he made a mistake.
Two part answer:
1) Project management is more about sales than anything else. How you sell yourself, your business, and the solutions to your problems. Even in a coordination meeting if you go into it heavy handed telling everyone how it is going to be or what morons they are you will be about as successful as you would adopting the same attitude while trying to sell a used car.
When you find omitted items write an RFI asking for circuiting and direction for hooking up the equipment in question. Then when the RFI is answered write up a quick transparent RFC (request for change) and then hand deliver it to the GC and SELL IT. On changes like this I am very kind to the engineer and just get enough to cover the mistake and take great care to not criticize or bruise the engineers ego, because once Mr. Perfect gets defensive its pretty much over.
Nine time or of ten a good PM can get paid for these mistakes. If you are approachable sometimes the engineer will call you back and ask you to burry it in some other owner originated change or in some like this which I am more than happy to do. The idea is to get paid for your work and to do it gracefully.
2) Scopes and contracts will make or break you. When do a proposal you should have a very detailed scope letter spelling out what is and what is not covered. My canned letter has about 75 bullet points that are checked off. I developed this for the retail finish out market which had RFQs that usually had scopes to be filled out anyway. Sometimes if the contract or contractor is squirrelly I will attached my scope letter to the contract as an exhibit as well.
The new thing that you (all of us) need to be looking for in contracts is verbage that ties our scope to all the plan pages and specifically lists out all the A, M, P, S, C (ect) pages. Also I am starting to see verbage that says something to the effect that the contract is for a completed project, in lieu of Division 16 (or Div 26) and this benign little sentence would legally hook you for those missed items, and you would have to be one hell of a sales man to get paid for them. Read up on contracts or better yet take some seminars on them, there is a lot you need to know.
To wrap this up play the lawyer when sign your contract, but change hats and play the salesman when you are doing the job and collecting changs.