William, I am a bit confused about exactly what you do, and what you do not do. In your original post, you say "I build...". In the second sentence you say "We design and permit...". You then say you have a customer that builds the structures, using your signed/sealed/permitted documents, but the structures do not conform to your documents (or presumably the permits that were obtained by you).
Without knowing exactly how this relationship works, I will make a few overall observations:
When your sealed documents are used to obtain a permit, the party 'securing' the permit is obligated to build in accordance with them. No exceptions are permitted unless approved by the party that sealed the documents, as well as the agency that issued the permits. Despite what some may advise, even if a field inspector 'says OK', that is not appropriate (the builder is still obligated to have the AOR revise the documents and resubmit them for official approval by the agency). No builder or agency has the right to make changes to your sealed documents without your consent.
So, if you (as you indicated) both sealed the documents and secured the permits, you are on the hook to ensure the structure conforms to the original design.
Going a bit further, if you, as the AOR, know that a structure has been built in contravention of the requirements in the sealed/permitted documents - and if you also know the builder does not intend to cure the violation on its own - you are obligated to inform the agency that issued the permit.
Although this may seem a bit of an overkill, procedurally, it is both necessary and designed to protect the public health and safety. At the same time, it protects you, as the AOR, from liability in the event the improperly-constructed structure results in harm to property or persons. If a 'damage' flows from the non-conforming structure (and you are subsequently embroiled in a lawsuit), if your insurer learns that you knew of the violation and took no action it will likely deny coverage (leaving you exposed to potentially millions of dollars in a judgment in the worst case, a death).
Although you are talking about a 'small job', the same principals apply for structures of all complexions.
As others have suggested, you can resolve the situation by creating signed/sealed documents that provide for multiple configurations (one or several different 'sets' of CD's), and then have the builder apply for and secure the permits. A simple solution for which your 'client' should pay you appropriately.
CAVEAT - I am not an attorney and am not offering legal advice. For legal advice, consult an attorney that specializes in construction law.
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Howard I. Littman, AIA, Emeritus
Forensic Architect, Expert Witness
Agoura Hills, CA
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Original Message:
Sent: 05-14-2017 21:39
From: William Adelson
Subject: Customer Changes Permit Drawings During Construction
I build solar energy carports throughout California. These are simple structures with a tilted canopy facing an optimal solar orientation. We design and permit these projects with a clearance above the parking lot of at least 10 ft. We have a customer that has been lowering this clear height at their own descretion, during construction, usually to 9 ft or 9 ft 6 inch. They state that this is to satisy neighbors. From a structural and ADA perspective, lowering the structures is still code compliant. I would like some insight into how I should respond as Architect of Record for these projects. Thank you !!
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William Adelson AIA
Senior Construction Manager
SunPower Corporation
Ramona CA
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