If a proprietary specification does not perform as stated, who is responsible?

In the context of proprietary specifications, which are defined by specific products or systems, the responsibility for performance primarily falls on the architect or engineer who authored the specifications. These professionals have the duty to ensure that the specifications adequately describe the expected performance and characteristics of the products or systems.

When a proprietary specification fails to perform as intended, it is typically the architect or engineer who is accountable for inaccuracies or shortcomings in the design. They are expected to have comprehensive knowledge of the products being specified and to anticipate how they will perform in the intended application. If an issue arises from a design flaw or an incorrect specification, it is within the architect's or engineer's purview to address these concerns, as they play a crucial role in the decision-making process regarding which products to specify.

Contractors and subcontractors follow the specifications provided to them and are responsible for executing the design as per the documents provided. Clients ultimately rely on the expertise of the architect or engineer and trust that the design will function as intended. This hierarchical structure emphasizes the accountability of the designer in ensuring that proprietary specifications are both precise and reliable.