Civil Engineering Reference
In-Depth Information
Letter 72
To architect, if a design fault in architect's or consultant's drawings
which the architect refuses to correct
This letter is not suitable for use with DB.
Special/recorded delivery
Dear
We refer to our letter of the [
insert date
] warning you of a design fault in your
drawing number [
insert number
]. We note that, by your letter of the [
insert
date
], you decline to amend your design to take account of our comments.
[
Either:
]
We have discharged any duty we may have to warn you and the employer of
known design defects. Please take this as formal notice that we will carry out
your instructions to proceed to construct in strict accordance with the above
mentioned drawing, but we will not accept any liability for subsequent failure.
[
Or, if the design fault could give rise to injury or death of persons:
]
It is clear that if we were to proceed to construct the design fault in question,
a serious injury or even death could result. In these circumstances it would be
irresponsible of this company to proceed with the construction. We, therefore,
intend to seek immediate adjudication on the question and we trust that you
will co-operate in obtaining a quick decision. In due course, when matters are
clearer, we shall be notifying delay and making application for loss and/or
expense as a result of the delay and disruption.
Yours faithfully
Copy:
Employer
