At risk of repeating some of what has been posted:
A fire event is covered by the contractor's insurance and/or the Owner's course-of-construction insurance. Those policies dictate what is and what is not covered, limitations of coverage, and specific protocols for submitting claims. It is the policies that will dictate how any 'loss' is evaluated and how the insurer will process any claim. Insurers may rely on damage reports from the fire department, consultants of the contractor or owner, or on their own commissioned damage-assessment experts.
The Architect has NO role in this unless the Owner separately engages the Architect to perform inspections/investigations. The Owner can authorize additional services by the Architect in connection with assessing fire damages, BUT, as a caution, most Architects are not professionally qualified (by education, training, experience or skills) to investigate and opine on what construction components have been damaged, the extent and significance of damage, what remedial steps must be taken, and what the cost of remediation is likely to be.
It is the role of the contractor to address any damages, and to provide the Owner with a project consistent with the construction contract. How the contractor does that is in the contractor's sole control. The Architect only observes the work as it progresses to ensure it is in general conformance with the contract, unless there is a separate agreement that states otherwise. In the event of fire/damage, the Architect protects the Owner by making sure the contractor issues certifications or other documents attesting that all damage has been mitigated and that the work in place has been made 'new' (as that is defined in the contract). That places the burden of contract conformance on the contractor, where it belongs.
Although you may sympathize with the Owner or contractor, do not let that guide your actions, for which you will be responsible to both of those parties. Before getting involved, I would consult with an attorney (and your own insurer) regarding drafting of language in any additional service authorization, so it is clear you are not providing any warranty or guarantee that exposes you to a risk, and to ensure you are not practicing outside of the realm of services for which you are professionally qualified. Agreeing to an unusual risk, or promising something that is not customary, likely is something that will not be covered by your insurer.
CAVEAT - I AM NOT AN ATTORNEY AND AM NOT OFFERING LEGAL ADVICE. FOR LEGAL ADVICE, CONSULT A QUALIFIED ATTORNEY.
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Howard I. Littman, AIA, Emeritus
Forensic Architect, Expert Witness
Agoura Hills, CA
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Original Message:
Sent: 01-31-2018 18:27
From: John Thompson
Subject: Reporting on fire during the construction phase
Others have touched on what I'm going to say, but the GC's insurance company should be weighing in on what they consider to be damage beyond repair. We had a fire station under construction that was vandalized - a backflow preventer for hot water was ripped off the wall, spewing a weekend's worth of hot water and humidity into the second floor of the building. The insurance carrier had to (effectively) warrant that the work that they allowed to remain was not going to be defective later. We anticipated that finishes, wall board, ceilings, and carpets would have to go, but they insisted that any electrical that was in contact with water - switches, wiring, devices, lights, etc - be replaced also. Another project had a similar outcome. If you have specific observations as to rejection of damaged work, go ahead and make those as "at a minimum" type statements, but direct the contractor also to the insurer's inspection report and requirements for additional scope.
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John Thompson
Production Coordinator
Dore & Whittier Architects, Inc.
Burlington VT
Original Message:
Sent: 01-31-2018 18:03
From: Emma Tucker
Subject: Reporting on fire during the construction phase
Thanks for your contributions @Peter G. Franks AIA, @David A. Bell, @David R. DeFilippo AIA and @Herman Schmidt AIA (and those who have reached out directly)! You've brought up some great points for the original inquirer to consider.
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Emma Tucker
Manager, Knowledge Communities
The American Institute of Architects
Washington DC
Original Message:
Sent: 01-29-2018 17:42
From: Emma Tucker
Subject: Reporting on fire during the construction phase
We've had the following inquiry come in from a member:
I am an architect involved in a project in the construction phase that had a small fire in one of the units. The fire was extinguished by the fire sprinkler system and the fire dept. I am trying to assist the general contractor in providing a fire report. Do you know or aware of a fire report template?
What advice would you offer to this architect?
Have you faced a similar situation, and come away with lessons learned for future projects?
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Emma Tucker
Manager, Knowledge Communities
The American Institute of Architects
Washington DC
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