ICRI Dinner Meeting - Warranties, Defects and Requests for Alternates-How to Protect Yourself

By Julianne Wheeler

The objective of this presentation is to provide with some information on how to better protect yourselves on your everyday projects.  The following are some of the questions and issues that will be covered: 

• Who is liable when the approved alternate fails?
• Should the design professional formally approve a proposed alternate?
• Is the risk greater when the alternate is part of a system?
• Is the contractor liable for proposing the alternate?
• Does an alternate product give the manufacturer an out?
• What problems arise when the alternate affects the work of a separate trade?
• Does an alternate diminish the contractor’s warranty obligations?
• Does an alternate increase the design-builder’s exposure to liability for project defects?
• How should the Owner protect itself when it suspects a latent defect in the contractor’s work that is disputed by the contractor? 

Julianne Wheeler is an attorney with Sacks Tierney P.A. in Scottsdale.  Ms. Wheeler is a 1987 graduate of Arizona State University where she was selected for its Law Review.  Since then, she has practiced primarily in construction and surety law, representing engineers, owners, sureties, contractors, subcontractors and suppliers in mediation, arbitration, bench trials and jury trials. 

Click here to download a flyer you can print and hand out, or register on-line right here.