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This question is a bit of a stretch. Our coop is having some large equipment (part of the heating/cooling system) installed. We've had some screwups in the past. So I asked our managing agent who is bearing the risk on contract -- the engineer who designed the specs or the contractor who is installing the equipment. I was told that neither company assumes the risk -- If the equipment is installed incorrectly or doesn't perform per spec, we need to pay someone else to try again.
This doesn't seem right to me. Does anyone know where I can get information on these contracts? Is there a contractor's association in NYC? (I've googled, but nothing looks helpful.)
The contractor would have some accountability to ensure that what they installed, works. Saying that, they can run into issues and I am saying this from experience with our own 1964 buildings. In our case and migrating to high efficiency boilers, we experienced issues with other older infrastructure that had not been upgraded; the pipes. Was this the vendors fault? No. Do they have a responsibility to ensure that the boilers work? Yes. I agree with CondoPrezDC, ask your board about the contract and whether or not the contract was reviewed by legal. If a board member gave you the response "we need to pay someone else again" in the event that the equipment is installed incorrectly or does not perform to spec sounds like it absolves the vendor from any liability.
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Did someone on the board review the contracts? or did the board request an attorney take a look at the contracts? I would start with questioning the board.
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