The
following POSITION STATEMENT on backcharges has been accepted by
the NISD Board of Directors:
Policy
Regarding Backcharges
In order to aid the steel industry to better serve the public, the
National Institute of Steel Detailing, Inc. recommends to its members
and to the structural steel industry that the following procedure
be adopted by the parties unless otherwise agreed by them in writing
at the commencement of any detailing project:
Upon
written explanation to the detailer by the customer of any alleged
inaccuracy in the detailer’s drawings, the parties shall
at the earliest possible date meet and assess the fault and costs
of such inaccuracies.
The detailer shall be allowed a tolerance of 5% above the total
detailing price (the original bid plus any revisions or additions).
Should the cost exceed such tolerance, the detailer shall be liable
for such additional costs up to a maximum of 5% above the tolerance;
the cost of direct labor, taxes, insurance and necessary transportation
needed to correct the deficiency. All material costs shall be
paid for by the customer. The customer shall notify the detailer
of any discrepancy when discovered, so that the detailer shall
have the opportunity to correct the same. In the event such notice
is not promptly given, the detailer shall have no responsibility
for any costs incurred.
The Institute excludes from consideration as an error or omission
any item which is the direct result of any incorrect, missing
or ambiguous portion of the contract documents issued to the detailer
for preparation of his or her details.
Any dispute between the independent detailing firm and its customer
with regard to the justification or amount of back charges shall
be resolved by arbitration before the American Arbitration Association
according to its rules then obtaining.
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