Consider sending in submittals which
are slightly different than the plans require. Today's energy requirements
limit wattage for lights in new buildings, for example.
A fixture or a bulb can cause the energy plan to go over budget. Is the
implication that you are using the wrong product or that you are redesigning
the energy grid? Suppose you install the energy inefficient product and it
holds up commissioning and the Certificate of Occupancy. Is the claim against
the product, the completed operation or the professional design?
Every product has been designed for a purpose. If you install that product for
that purpose, and your installation is per product specifications, defects are
considered product liabilities.
The architect and engineer draw plans and specify products to be used. If you
follow those plans and install those products, your work will be a completed
operation.
If the plan calls for your specialty to design some aspect of the building, you
will have a design liability.
The grey areas concern modifications to the product or design outside the scope
of work.
Completed operations insurance does not cover design liability except in very
minor cases.
Consider loss control for these situations. Either avoid them, wise choice, or
purchase some professional liability insurance for design professionals, and
get an architect or engineer stamp.
With energy codes, LEEDS certifications, environmental issues, and historically
standard conditions to meet, alterations to any aspect of the project drawings
can have devastating effects to the building commissioning.
Be hyper cautious when altering plans or using replacement products. Request a
substitution change order if products are unfindable or at least the
specifications are unmatchable. Suggest design changes in writing in change
orders, even the most minor changes. Your not out to be thorough, not
difficult.