Can the Owner accept non-conforming work under the contract?

The owner can accept non-conforming work under the contract, and this acceptance typically comes with a necessary adjustment to the Contract Sum. When non-conforming work is presented, the integrity of the project, codes, standards, and agreed-upon specifications may not have been met. Accepting this work often requires a compromise, which is usually reflected in a reduction of the Contract Sum to account for the diminished value or the costs that may arise from having to rectify or accommodate the non-conformity later.

This approach allows for flexibility within the project while still maintaining a level of accountability for the overall quality and standards agreed upon at the start. The acceptance process usually involves discussions about how the deviation affects functionality, aesthetics, and compliance with regulatory requirements, which reinforces the idea that adjustments to compensation are a necessary part of the acceptance.

In contrast, outright correction of non-conforming work or requiring written consent from the architect might be more stringent responses that could delay the project, which may not always be feasible or desired by the owner. Accepting the work without any consequences would not be practical or reflective of the risks and responsibilities embedded in a construction contract.