Shop Drawing Review Of all the design professional’s duties, the review of shop drawings and submittals is one of the most demanding and tedious. Perhaps that’s why it is also a task that is often not performed well—sometimes with serious consequences. The Problem As construction speeds up and client expectations grow, shop drawing review is more important than ever. Failure to provide timely and adequate reviews sets the stage for claims against architects and engineers. These claims may result from procedural failures (delays) or technical failures (not catching discrepancies or errors in details). Often the difficulty is that the parties involved (owner, contractor, as well as consultant) do not agree as to their responsibility for shop drawing development and review. The problem is magnified when consultants give insufficient attention to the timely processing of shop drawings or assign the job to under-qualified people. Lack of clarity in contract terms, inadequate internal procedures and failure to treat submittal review as a critically important task can prove costly to a design firm. The Solution The commonly held view is that cautious wording on your shop drawing stamp and in your agreement can somehow decrease or even eliminate your risk when you review shop drawings. The reality is, however, your clients and the legal system rarely let you hide behind language, regardless of how carefully crafted. Thus, conservative language on your shop drawing stamp may not offer the protection you hope for. If you call for a submittal and review and return it to the contractor without objection, a court may well say you “approved” it, regardless of the language you use on your stamp. If shop drawing reviews are part of your scope of services, you must perform them with the same level of detail and attention as you would with any other element of your scope. As a design professional, you will be held to the professional standard of care. You are obligated to use the reasonable degree of skill and judgment in performing the review function that other professionals would have used under similar circumstances. (See Standard of Care.) Your best course, therefore, is to precisely define your role in the review process and to establish and follow strict procedures for handling submittals. Consider the following suggestions: >> Define your responsibilities in your agreement. Clearly and precisely describe your duties in reviewing submittals. Spell out, too, those items for which you are not responsible but that are instead the contractor’s duty, such as dimensions, gauges, quantities, weights and construction means and methods. (See Jobsite Safety.) This language may need to be customized to your practice and the particular project: © 2016 X.L. America, Inc. All rights reserved. XL Catlin’s Contract eGuide for Design Professionals Shop Drawing Review 2 SHOP DRAWING REVIEW The Consultant shall review and approve or take other appropriate action on the Contractor submittals, such as shop drawings, product data, samples and other data, which the Contractor is required to submit, but only for the limited purpose of checking for conformance with the design concept and the information shown in the Construction Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Consultant’s review shall be conducted with reasonable promptness while allowing sufficient time in the Consultant’s judgment to permit adequate review. Review of a specific item shall not indicate that the Consultant has reviewed the entire assembly of which the item is a component. The Consultant shall not be responsible for any deviations from the Construction Documents not brought to the attention of the Consultant in writing by the Contractor. The Consultant shall not be required to review partial submissions or those for which submissions of correlated items have not been received. >> Identify shop drawings by type and define for the contractor exactly which ones you will review. It may be contrary to your nature, but don’t yield to the temptation to review more drawings than necessary to protect the integrity of your design. Of course, this will depend on the type of project and your own professional judgment. If you receive uncalled-for submittals from the contractor, they should be stamped “Not Required for Review” and returned at once. >> Prior to construction, give the contractor a list of the submittals you will need. Require the contractor to provide a schedule of submittals and insist the contractor adhere to it. Inform the contractor in writing when delays in submittal cause delay in your processing. But as the contractor is expected to stick to the submittal schedule, you, too, must abide by your promised turnaround time. Allow yourself sufficient leeway to perform your own review and return the submittals according to your promised schedule. >> Insist that the contractor do his or her job—that all contractor and subcontractor submittals be reviewed and approved by the contractor before being sent to you. Never accept submittals directly from a subcontractor or vendor. If you believe the contractor has not reviewed a submittal carefully but has merely “rubber-stamped” it, and if it contains obvious errors, return it immediately with a note of explanation and insist that it be properly checked. Keep a record of the errors or discrepancies you find to facilitate your review of the resubmittal. >> Assign experienced and well-qualified people to check shop drawings. A failure in this protocol results in a majority of the claims related to the shop drawing review process. 1 Insist on a thorough review. You are generally responsible for checking for conformance with the overall design concept. Is the shop drawing compatible with the rest of the design? Does it meet applicable codes? Does it fit and is it coordinated with the requirements of that portion of the overall project designed by you? If possible, have another qualified member of your firm double-check the review prior to returning the shop drawing to the contractor. On the other hand, don’t assume responsibility that is not yours. For example, if you have not agreed to check dimensions, don’t do so. © 2016 X.L. America, Inc. All rights reserved. XL Catlin’s Contract eGuide for Design Professionals Shop Drawing Review 3 >> Establish within your firm a logging, tracking and follow-up system for shop drawing and submittal processing—and appoint reliable people to maintain it. Document each step of the process in writing, using standardized logs, transmittals and checklists. >> Use a shop drawing stamp to indicate you have reviewed the submittals. (Two examples follow in Exhibit 11.) Whatever language you choose, be certain it is consistent with your agreement with your client and with the General Conditions of the construction contract. >> Insist on a clause in the General Conditions of the construction contract that requires the contractor to provide you with written notice of deviations of any type from the requirements of the contract or from the Construction Documents. Such a clause should state that the contractor remains liable for any deviations unless you review and acknowledge such changes in writing. >> Work with your client in advance to ensure the owner-contractor contract is consistent with the language and intent of your own agreement with the owner. >> As a general rule, don’t review shop drawings or other submittals concerning the proposed implementation of means, methods, procedures, sequences or techniques or other temporary aspects of the construction process. Those are the sole responsibility of the contractor, and review of these submittals could subject you to responsibility not normally assumed by a design professional. 1 According to Risk Drivers research, a proprietary process of XL Catlin’s Design Professional unit. Exhibit Exhibit 11 – Shop Drawing Stamps See Also Construction Observation Delays Electronic Information Electronic Files Inspection Jobsite Safety Requests for Information Standard of Care © 2016 X.L. America, Inc. All rights reserved. XL Catlin’s Contract eGuide for Design Professionals Shop Drawing Review 4 Exhibit 11 – Shop Drawing Stamps Stamp for Review Reviewed Furnish as Corrected Rejected Revise and Resubmit Submit Specified Item This review is only for general conformance with the design concept and the information given in the Construction Documents. Corrections or comments made on the shop drawings during this review do not relieve the contractor from compliance with the requirements of the plans and specifications and applicable laws, codes and regulations. Review of a specific item shall not include review of an assembly of which the item is a component. The Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences and procedures of construction; coordination of the Work with that of all other trades and performing all Work in a safe and satisfactory manner. Name of Consulting Firm Date By Stamp for Approval Approved Furnish as Corrected Rejected Revise and Resubmit Submit Specified Item This review is only for general conformance with the design concept and the information given in the Construction Documents. Corrections or comments made on the shop drawings during this review do not relieve the contractor from compliance with the requirements of the plans and specifications and applicable laws, codes and regulations. Approval of a specific item shall not include approval of an assembly of which the item is a component. The Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences and procedures of construction; coordination of the Work with that of all other trades and performing all Work in a safe and satisfactory manner. Name of Consulting Firm Date By © 2016 X.L. America, Inc. All rights reserved. XL Catlin’s Contract eGuide for Design Professionals Shop Drawing Review 5 Design Professional unit The information contained herein is intended for informational purposes only and does not constitute legal advice. For legal advice, seek the services of a competent attorney. Any descriptions of insurance provisions are general overviews only. THE INSURANCE POLICIES, NOT THIS DOCUMENT, FORM THE CONTRACT BETWEEN THE INSURED AND THE INSURANCE COMPANY. The policies contain limits, exclusions and conditions that are not listed in this document. All coverages are subject to individual underwriting judgments and to state legal requirements. “XL Group” is the global brand used by XL Group plc’s insurance subsidiaries. In the U.S., coverages are underwritten by the following XL Group plc insurance companies: Catlin Indemnity Company, Catlin Insurance Company, Inc., Catlin Specialty Insurance Company, Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Insurance Company of New York, Inc., and XL Specialty Insurance Company. Not all of the insurers do business in all jurisdictions, nor is coverage available in all jurisdictions. Published by the Design Professional unit of XL Catlin 30 Ragsdale Drive, Suite 201, Monterey, CA 93940-7811 800 227 8533 x210-2524 xlcatlin.com/dp is a trademark of XL Group plc companies © 2016 X.L. America, Inc. All rights reserved. XL Catlin’s Contract eGuide for Design Professionals