Fact Scenario C for Questions $21-22$

Geddy Construction $($GC$)$ was hired to install a concrete slab. After the first pour, it was discovered that the concrete deviated materially from the plans and specifications. However, the only supplier who could meet the specifications was much further away and GC was interested in finishing the work quickly. GC submitted a written request to Architect asking her to accept the nonconforming work before proceeding with further installation. Architect did so$.$ Upon discovering Architect's actions, Owner notified GC that Architect did not have the authority to accept non$-$conforming work and that GC would proceed at its own risk if it performed further work. Because Architect accepted the nonconforming work, GC ignored Owner. After all work was finished, Owner withheld GC$\text{'}$s retainage to cover the cost of replacing the defective concrete.

Question $21$

$3$ pts

Did the architect have the apparent authority to accept GC$\text{'}$s nonconforming work?

Yes. Project architects $($and engineers$)$ possess the technical experience and background to make such decisions, whereas project owners mostly do not. GC was right to presume Architect had the authority to approve the work.

Yes. GC submitted a written request, to which the Architect responded. The impression created was that Architect had the authority to accept the work.

No$.$ Architect possessed the actual authority, not apparent authority, to accept the work.

No$.$ Only the owner can decide whether to accept non$-$conforming work, even where the work is not governed by AIA Document A$201.$ Here, Owner took no action prior to Architect's decision which would have given GC the impression that Architect could act as requested.