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The Verbal Direction in the Level 3 Corridor

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The Verbal Direction in the Level 3 Corridor

On a $34 million, six-story medical office building delivered by CM at risk, the owner's facilities director stopped the drywall foreman in a Level 3 corridor and told him to shift the corridor partition 2 ft toward the exam rooms so a future chiller could be moved down the hall. The foreman moved the layout the same afternoon. Nine days later the architect issued a sketch showing the partition back in its original location. In the meantime the electrical subcontractor had roughed in 14 exam-room device boxes off the moved wall, and the relocated door now yields 38 in of clear width where the egress drawing requires 44 in. The corridor is a 1-hour rated assembly. The facilities director says he "only made a suggestion." There is no RFI, no field directive, no change order, and no mention of the conversation in the daily reports. The OAC meeting is in two days and the drywall crew is scheduled to hang board in that corridor tomorrow morning.

1. What should the project engineer or superintendent have done at the moment the direction was given, and what should have existed in the project record by the end of that day?

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Recognize the authority problem first. The facilities director is not the owner's designated representative for changes unless the contract says so, and he is certainly not the architect of record. Only a written instrument issued through the contract's changes clause (change order, construction change directive, or architect's supplemental instruction) changes the work. A suggestion from an unauthorized person is not a directive, but it is also not something a foreman should ignore or act on silently.

Same-day actions:

  1. Tell the foreman to hold the layout change and to refer any future field direction to the superintendent. Do not let a second-hand instruction propagate through the trades.
  2. Walk the location with the superintendent, photograph the original layout marks, and confirm what, if anything, has already been moved.
  3. Issue a written confirmation of verbal direction or an RFI the same day: state what was said, by whom, when, and who was present, and ask the architect/owner to confirm or reject it.
  4. Enter the conversation in the daily report verbatim - time, speaker, exact words, witnesses - and note that work was suspended pending written direction.
  5. Send the contractual notice. Most agreements start the notice clock at the event, not at the change order, so a 10- or 14-day notice period begins running the day the words were spoken.

Why it matters: the shift touches a 1-hour rated corridor and an egress width. That is a life-safety issue, not a convenience change, so the architect must be in the loop regardless of cost. Proceeding "at risk" without written authorization converts a clean change into a disputed one, because the owner can later argue the contractor volunteered the change.

2. The architect's sketch and the as-built wall now conflict. Describe the next 48 hours and the technical issues that must be resolved before board goes up.

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1. Freeze the work and document. Issue a written hold on drywall in that corridor tonight. Hanging board over a disputed layout guarantees a second demolition, and the hold notice is what protects the schedule argument later. Record the hold in the daily report and notify the PM and the electrical subcontractor in writing.

2. Measure the as-built. Confirm the actual clear width at the relocated door (reported 38 in against a required 44 in), the wall-to-wall dimension, and the exact locations of the 14 device boxes and their conduit runs. Photograph with a scale.

3. Issue the RFI with the sketch attached. Ask the architect to confirm intent and issue an ASI or a construction change directive. Copy the owner and the electrical sub so everyone is answering the same question.

4. Separate the code question from the cost question. A 38 in clear width does not meet the drawing's 44 in, and a corridor serving exam rooms is an accessible route. There is no realistic variance path that fits this schedule; restoring the wall is almost certainly the cheaper and faster resolution. Say so plainly rather than presenting the owner with a false choice.

5. Price both outcomes so the owner can decide with numbers: (a) restore - demolish and relocate drywall framing, relocate 14 boxes and conduit, patch, re-inspect; (b) keep the shift - requires a code variance and a re-layout of the chiller path and all downstream corridor ceiling, sprinkler, and casework coordination. Include the delay days in each.

6. Assign the delay correctly. The nine days already lost came from an unauthorized direction. Document them as a potential change to the contract time so the delay is not silently absorbed into the contractor's float.

3. Recommend specific communication controls to prevent a recurrence on this project.

Read the worked answer

Single channel of direction. Publish a one-page instruction stating that all direction affecting cost, schedule, or design reaches the trades only through the superintendent/PM and the architect. Include it in every subcontract and every subcontractor kickoff meeting, and repeat it at the first toolbox talk.

A field-direction form. A one-page carbon form (or a tablet entry) that records who gave the direction, when, for what location, and what the contractor did in response. Any verbal discussion that could affect the work gets confirmed in writing within 24 hours; if no confirmation arrives from the owner, the contractor sends its own.

Meeting minutes that are actually used. Circulate OAC minutes within 48 hours, require written objections within a stated period, and read the "directions given" section aloud before adjourning. A minutes item that nobody objects to becomes the record, which is exactly what was missing here.

Daily reports with teeth. Require every verbal direction, visitor, and hold to be logged the same day. Have the superintendent review and sign daily reports weekly so the record is contemporaneous, not reconstructed.

A standing stop rule for the trades. Any worker receiving an instruction from someone other than the superintendent stops and calls. Reinforce it by publicly backing the foreman in this case - the foreman followed an owner's representative in good faith and should not be the person blamed.