Legal Question in Construction Law in Illinois

Can "industry standards" supercede "plans and specs" on a construction project? A subcontractor was terminated from his contract for non-performance because he refused to comply with specifications as dictated in the contract. The subcontractor has filed a lawsuit for wrongful termination based on the work performed being in accordance with industry standards. Does the subcontractor have any legitimate grounds to override the specifications and the signed contract?


Asked on 1/24/12, 5:47 pm

3 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Probably not.

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Answered on 1/24/12, 9:06 pm

Possibly.... Really someone will have to review the subcontract in particular, and possibly the plans and specs as well, and beyond that potentially local code. While a formal subcontract should incorporate the plans and specs as "contract documents", there could be overriding provisions or, if the plans and specs themselves don't conform to local code requirements, then industry standards may apply, especially where the local code requires industry standards or guidelines to control instead. But usually if there is a conflict in the contract documents, the architect is usually called in to decide which controls. Moreover, the architect, under a formal subcontract, usually has "final say" on whether the work was done properly per the contract documents. If the subcontract does not protect the general contractor (or owner) however, then there could be problems, because in that case in particular local codes could themselves override plans and specs in certain cases.

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Answered on 1/25/12, 1:36 pm


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