Orange County NC Website
September 27, 1985 <br /> Mr. Roman Kolodij <br /> 121 S. Estes <br /> Chapel Hill, N.C. 27514 <br /> Dear Mr. Kolodij: <br /> I have received your September 18, 1985 recommended <br /> change orders to the plumbing and general contracts for the <br /> old Courthouse. The plumbing contractor's request for these <br /> was formally communicated to you Jury 17, 19$5 while the <br /> authorization form bears the date of August, 1985 and you <br /> I!, signed it September 18, 1985. <br /> I also note that all but three of the items have already <br /> been undertaken without the approval of the owner as required <br /> under our April 14, 1983 Agreement. <br /> Section 1.5.3 states: <br /> "The Architect shall have authority to act on <br /> behalf of the Owner Only to the extent provided in <br /> the Contract Documents unless otherwise modified by <br /> written instrument in accordance with Subparagraph <br /> 1.5.16." <br /> Section 1.5.16 states: <br /> "The extent of duties, responsibilities and <br /> limitations of authority of the Architect as the <br /> Owner's representative during construction shall <br /> not be modified or extended without written consent <br /> of the Owner, the Contractor and the Architect." <br /> Section 1.5.14 states <br /> "The Architect shall prepare Change Orders for the <br /> Owner's approval and execution in accordance with <br /> the Contract Documents, and shall have authority to <br /> li order minor changes in the work not involving an <br /> adjustment in the contract sum or an extension of <br /> the Contract Time which are not inconsistent with <br /> the intent of the Contract Documents." <br /> All three of these sections have been violated by <br /> letting work embodied under the change orders proceed without <br /> the prior, written approval of the Owner. You were under <br /> expressed instructions from me to submit any and all changes <br /> II <br />