Owner's Rep Pressures the CxA to Soften a Report
A CxA is finishing an issues log for a 90,000 sq ft library. The log contains 41 open items. Twelve are minor cosmetic or labeling items. Three are significant: a smoke control system that failed one of four test scenarios, an emergency generator that did not pick up the life-safety load within the specified 10 seconds during one test, and a domestic water backflow preventer installed without the required air gap. The owner's representative, who hired the CxA, asks the CxA to move the three significant items to a "punch list" section because the grand opening is in 12 days and the report goes to the bond oversight committee. The representative says the contractor will fix them after opening anyway.
1. How should the CxA respond to the request to reclassify the items?
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The CxA should decline to reclassify the three significant items as punch-list work. Punch lists are typically cosmetic or minor incomplete work that does not affect safety, code compliance, or the owner's ability to occupy and operate the building. A smoke control failure, a generator load pickup failure, and a missing backflow air gap are life-safety or code-compliance deficiencies, not punch items. Reclassifying them would misrepresent the building's status to the bond oversight committee, which is a governance body relying on the report.
The CxA should explain the distinction, offer to keep the report accurate while adding a clear remediation plan and schedule, and note that the CxA's professional obligation is to report accurately regardless of the audience. The CxA can help the owner by presenting the items with context, owner, due date, and interim risk mitigation, but not by changing their classification.
2. What if the owner's representative insists and hints that the CxA's contract renewal depends on cooperation?
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The CxA should document the request and the response in writing, restate the professional and contractual basis for accurate reporting, and escalate within the owner's organization if necessary. A hint tied to contract renewal is a pressure tactic, not a technical argument. The CxA should not alter the report. If the owner still insists, the CxA should state that it cannot sign a report it believes is misleading and should offer to include the owner's written comment as an attachment, clearly attributed.
The CxA should also review its contract for reporting obligations and termination provisions, and consult its own management or legal counsel. The correct outcome is an accurate report with a remediation plan. If the relationship cannot be preserved on that basis, the CxA should be prepared to accept the consequence rather than compromise the record.