The CLARB Step by Step Guide has a sample Section A question, Who is responsible for producing a punch list [deficiency list]? CLARB lists the answer as the contractor (the other choices are landscape architect, the owner, subcontractors).  Hinze says: The final punch list is normally developed on a joint job visit conducted by the contractor and the architect-engineer. The LAs we know say having the contractor draw up the punch list is like giving the fox the keys to the hen house! A sample punch list I've seen shows the punch list issued to the contractor from the landscape architect. Can anyone help me understand this better?

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This question also came up in the Google LARE group according to the answers there (which I agree with). In 'real world' practice the LA/designer  would always do the punch list, however this puts liability on the LA - what if the LA missed something and signed off, then it could be the LA's fault that it was not completed and be liable to pay fix/finish what ever was missed. 

In theory, if the contractor does the punch list then the contractor is still liable should something be missed on the punch list.  Both AIA and CLARB seem to be taking this tract.  I am still not sure how exactly I would answer this on the test if it came up, it is basically a bad question.

Thanks Brian. Transfer of liability to the contractor seems to be a persistent thread especially in the Hinze book. Appreciate your taking the time to help me out.

Yes, although at least in the 3rd edition Heinz does specifically say the punch list is made by the designer.  Go figure. 

Ah, I am using the second edition. 

AIA 201B says the contractor. I would go with that on the LARE, as this seems to be CLARB's take....right or wrong.

Thanks Ray. We (our study group) have decided to go with contractor as per AIA, at least for the upcoming exam but only after spending an inordinate amount of time on research and discussion with contractors and LAs. Some of the practice questions are quite provocative. Even though you know the answer CLARB wants, words like "responsible" can be ambiguous, i.e., financial responsibility, responsibility for doing the actual work, supervisory, ethical, and so on. 

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