The Power to Stop Construction Is One of the Architect's Most Consequential CA Authorities
Construction administration involves constant observation and judgment. The architect reviews work against the contract documents and observes the site at intervals appropriate to the stage of construction. Most of the time, the appropriate response to a problem is an RFI response, a directed correction, or a change order. But when work is non-conforming in a material way - when structural work does not match the contract documents, when installed materials do not comply with the specifications, or when the contractor is proceeding in a direction that will require expensive remediation - the architect has the authority to reject the work and to require the contractor to stop until the problem is resolved. Understanding when and how to exercise this authority is tested on the ARE CE exam as part of the construction administration service scope.
AIA A201 Section 4.2.6: Rejecting Nonconforming Work
AIA A201 Section 4.2.6 gives the architect the authority to reject work that does not conform to the contract documents. When the architect rejects work, the contractor must remove and replace or correct the nonconforming work at the contractor's expense. The architect may also require additional inspection or testing of suspected nonconforming work, at the contractor's expense if the testing confirms the nonconformance. Rejection of work is a formal action that should be communicated in writing, identifying the specific work rejected and the basis for rejection.
Stopping Work for Nonconformance
In cases where continuing to build on a nonconforming element will make the problem worse or more expensive to correct, the architect may stop the work in that area while the nonconformance is evaluated and resolved. This is not an action to be taken routinely - it has direct cost and schedule implications for the contractor - but it may be the most appropriate professional response when: structural work that does not match the contract documents is being covered by subsequent work; installed work contains a defect that will affect all future work built on or around it; or the contractor is proceeding in a direction that will require demolition and reconstruction if continued. The architect should document the basis for stopping work thoroughly and communicate the conditions under which work can resume.
Owner's Right to Stop Work
Under AIA A201 Section 2.4, the owner also has the right to stop work - but only in the very specific circumstance of the contractor's failure to correct nonconforming work as directed by the architect. The owner's stop-work authority is not general; it is a remedy for the contractor's failure to comply with the architect's correction direction. This is distinct from the owner's ability to suspend the work (an entirely different action, governed by Section 14.3), which the owner can exercise at the owner's discretion for any reason, with compensation to the contractor for related costs and time extensions.
Key Exam Points
- A201 Section 4.2.6: architect authority to reject nonconforming work; contractor bears cost of correction.
- Stopping work: architect may stop work when continuing would worsen a nonconformance problem; must be in writing.
- Owner stop-work (Section 2.4): only when contractor fails to correct nonconforming work as directed by architect.
- Owner suspension (Section 14.3): for any reason; contractor entitled to compensation and time extension.
- Document work rejection and stop-work decisions thoroughly; basis must be nonconformance with contract documents.
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