Legal Question in Construction Law in Massachusetts
Dispute on plans and specs
Te accessable space under a steel stair Contractor says space is part of the stair and i have to install railings not shown in the drawing I say no they are extra Mass code 3603.10.5 says closed in with gypsum Stair well he says is non cubustable. how can I be respnsible If not shown or mentiond or shown in plans and specs He also says code 3603.13.4 Head room 6:6'' covers this but head room only peryains to landings and platforms in the walking up and down part of the stairs not uder the stair at ground level please advise
1 Answer from Attorneys
Re: Dispute on plans and specs
Your question cannot be answered without reference to the applicable contract documents, bid package, etc. Ultimately the various contract documents should determine whether the rails are within your scope of work. The GC or architect/engineer/consultant should be able to point to the language in the documents they say puts the rails within your scope of work. Whether or not that position is reasonable depends on the language involved, affected to some extent by the usual industry standard.
Contact me for help in interpreting the provisions and/or disputing the determination and making a payment claim. Public or private job?
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