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Construction Law/Drawings Notes-Site Instructions


Under most construction contracts the Architect or Engineer would check the submitted drawings or shop drawings and stamp them with the following:

2-Approved as noted

In some countries like the USA, they use a stamp with NOTED which is somehow an escape from direct approval on submitted documents and this was rejected and claimed by some for not being accurate.

However could you please refer to appropriate four or three NOTES that we can use in stamping the drawings based on FIDIC 99 or others contracts.

Where can I find on the net some info about this subject.

Dear Sergio,

It would be a foolish and inexperienced engineer or architect that marked drawings as 'approved', because any 'approval' can be withdrawn or overturned by a higher authority as no 'approval' can absolve the Contractor from his obligations.  'Approval' can dilute responsibility if there are problems later.  Generally, the only contractual approval is given by the issue of the performance certificate or equivalent.  

I would suggest stamps as follows:-

1. Compliant with the Contract requirements
2. Compliant with the Contract requirements subject to implementation of the following comments;
3. Non-compliant with the Contract requirements and to be amended and resubmitted.

Should you wish, you could highlight the major areas of non-compliance with a caveat that there could be others.  Generally I request resubmission of documents if there are more than 5 errors on a single drawing to encourage the contractor to improve his quality assurance.  

I see no difference between resubmit and rejected, except that rejected is too harsh for team work.  Rejected is used by some companies for documents that have been submitted incorrectly, such those submitted directly by a subcontractor without review by the Contractor, or for documents which are not required by the Contract.  However, I consider that these reasons for rejection can be covered by case 3 under non-compliance.

You could add a phrase to the stamp as follows:-

'The document has been reviewed only for general conformance with the design concept of the Project and the information given in the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site; information that pertains solely to the fabrication process or to the means and methods of construction; coordination of the work of all trades; and performing all work in a safe and satisfactory manner. This approval does not modify Contractor's duty to comply with the Contract Documents.'

However, I prefer simplicity as there is less room for mistakes and inconsistency.  

If you need more information then you could do a search using google.  In the meantime, this article could be useful  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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