Food for Thought

To Write a Wrong, or How to Document a Defect

So you’re walking on the job site and you see the utility contractor is pushing in the native material as backfill over the newly placed conduit in a nice thick lift all the way to the top of the trench all 48” deep. You are pleased that they are finally getting some work done and are serious about getting their scope of work back on schedule. However, the fact that they are not putting any bedding material in/or around the pipe zone nor any compaction effort on the “deep” lift backfill is more than a bit troubling. You know what you are observing is an improper installation as it is in non-compliance with the contract specifications, so what do you to document this operation?

truck-dumping deep fill

Step 1 is to photograph the entire operation immediately. This will serve two purposes, the first is that the photographs are incorporated in the complete documentation, and second, if the crew is paying attention, your actions should raise some concern with the crew that something they are doing is wrong.  The photographs need to show the conduit in the trench prior to any backfill, the backfill material (a close-up or two) to illustrate the lack of proper bedding material, the placing of the full depth lift, and the equipment being used as well as the equipment not being used to ensure proper compaction methods.  To illustrate adequately the location and magnitude of the operation you should include photos that show clearly, where on the site the subject operation is being performed and the length of work completed at the time of discovery.  Once you have taken all the photographs you feel are necessary to document completely the defect, take a few more (you can always exclude excess photos later).  Now is the time to call this defect to the attention of the supervisor so that he has the opportunity to repair the work sooner rather than later to minimize his company’s costs.

While still armed with your camera be sure to document with the same thoroughness as before, the actions taken by the contractor after you verbally notified him of the issue.  Be sure to note the time of initial observation as well as notification to the contractor.  Some may want to issue a formal stop-work notice, however unless the contract requires that the subcontractor is not responsible for defective work unless they receive a formal written notification (I have never seen this “Get out of jail for free” specification).  You have given the subcontractor notice, informal yes, but they will be hard pressed to claim they “were never told” and the formal notification will be forthcoming.

With your work in the field is completed (for the moment) It is now time to formalize the notification and preserve the incident for the project records. If your firm has a standard form for documenting defective work and/or stop notices, by all means use them.  However, it is important to ensure the following information is captured and forward through to the proper channels.  Remember the four W’s Who, What, Where, and When in completing the report.

Who is the contractor, to whom did you speak to and the conversation between the two of you, this is noted to eliminate, or at least minimize, the argument by the contractor that they were not told of the problem.  It is important to inform a responsible party of the contractor not just the first person you see that is working on the operation.

What is the defect, by specification and note the operation’s failure to comply with the contract.  Be as specific and detailed as you can, and sight chapter and verse since that information will be called upon eventually.  Here is where you will include the relevant photos taken earlier.

Where on the project did the work take place needs to be noted. The location needs to be as specific as you can make it, including any specific line identifications and co-ordinates/stations that will ensure clarity as to the exact location and magnitude of the defect. Again, if you have photos that help is defining the location they should be included as part of this section of your report.

When was the contractor notified of the problem and when was the defect corrected. If the defect has not been addressed this too needs to be noted. By noting the date and time the clock is started for the contractor to make the repairs.  This timing may come into play if the project is encountering time issues.

Once the incident is recorded (with substantiated photographs), the document needs to be sent to the subject contractor as well as filed in the project document tracking system. Accompanying the document to the contractor a directive to correct should be sent, and upon completion of the repairs (with corresponding photographs), notification to the fire and the relevant players needs to be made.

Armed with the above documentation both the owner/owner rep and the contractor have a clear and concise record of the event and can then act upon it accordingly and with less anecdotal evidence and more irrefutable evidence.  This is not to say there may be pushback by the contractor, but the more and timely the evidence you have the stronger the case and greater opportunity for success.