The Architect Has Authority to Reject Non-Conforming Work - But That Authority Must Be Exercised Promptly and in Writing
When the architect observes work during construction that does not conform to the requirements of the Contract Documents - tile installed in the wrong pattern, concrete poured without required reinforcing, structural connections bolted with incorrect bolt grades - the architect has both the authority and the professional obligation to identify the non-conformance, document it, and require the contractor to correct it. AIA A201 Section 3.5 obligates the contractor to perform the Work in accordance with the Contract Documents; Section 12.1 gives the architect authority to reject Work that does not conform to the Contract Documents. This authority must be exercised appropriately: with specific written documentation, in compliance with the contractual process, and with awareness of the consequences of both over-rejection (rejecting work that actually complies) and under-rejection (accepting work that doesn't comply). The ARE CE exam tests non-conforming work management as a core construction administration competency.
Non-Conformance Documentation
When the architect observes non-conforming work: (1) Document the non-conformance in the field observation report (description, location, photograph reference). (2) Issue a formal written notice of non-conformance to the contractor (separately from the field report or included in it as a formal notice). The notice should describe: the specific element of work that does not conform; the specific Contract Document requirement it fails to meet (specification section and paragraph, drawing reference); the required corrective action; and the deadline for correction or for a response plan. A verbal direction to the contractor is insufficient - it must be in writing to be legally enforceable and to constitute proper notice under the contract.
Contractor's Obligation to Correct
AIA A201 Section 12.2 requires the contractor to promptly correct work rejected by the architect as failing to conform to the Contract Documents. The contractor must correct the work at no additional cost to the owner. If the correction of non-conforming work disturbs adjacent work that was correctly installed (for example, removing incorrectly installed tile requires removal of adjacent tile), the cost of restoring the adjacent work is also the contractor's responsibility. The one-year warranty period (from Substantial Completion) also requires the contractor to correct defects that become apparent after substantial completion.
Acceptance of Non-Conforming Work
AIA A201 allows the owner to choose to accept non-conforming work rather than require correction, if the architect determines that the non-conformance is minor or that correction would be disproportionately disruptive relative to the degree of non-conformance. If the owner accepts non-conforming work, the Contract Sum is reduced to reflect the diminished value of the non-conforming work. This acceptance must be in writing. The architect should not suggest accepting non-conforming work that affects life safety, structural adequacy, or code compliance.
Key Exam Points
- AIA A201 Section 3.5: contractor's obligation to perform work per Contract Documents.
- AIA A201 Section 12.1: architect's authority to reject non-conforming work.
- Non-conformance documentation: field report + formal written notice; describe non-conformance and cite Contract Document requirement violated.
- Correction: contractor corrects at no cost; cost of disturbing adjacent correct work also contractor's responsibility.
- Acceptance of non-conformance: owner may accept; architect determines; Contract Sum reduced; not appropriate for life safety, structure, or code compliance.
AREprep's CE construction administration content covers non-conforming work authority, documentation requirements, the contractor's correction obligation, and the architect's role in managing work quality during construction - giving ARE CE candidates the construction phase quality management knowledge the exam tests in scenario-based questions about the architect's authority and obligations when non-conforming or defective work is observed on a construction site.
Study CE on AREprep
AREprep's CE flashcards and practice exams are built around the actual NCARB exam guide - so every study session targets what the exam tests.