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Assignment 8 – Case Studies – Contract Clauses

Virginia Regorrah 9 March 2022

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Contract Requirements

For each of the attached case studies, identify 1 or more contract clauses which apply to this situation. Provide the clause number and short explanation.

Also – for each case study, given the applicable clause, what is the Contractor owed?

Your answers don’t need to be long. 1 – 3 sentences are probably sufficient.

Worth 10 points; due 30 March

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Case Study: Rain, Rain, Go Away

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Case Study: Rain, Rain, Go Away

Situation: A very large summer storm destroyed the Contractor’s work-in-place which had not yet been accepted.

Question – What clause(s) of the General Conditions apply?

Question – To what is the Contractor entitled?

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Case Study: It’s Too Wet to Dig

Contractor Email: As noted on the submittal with the heavy clay materials that were in the boring logs, we anticipated little groundwater seepage to the depths of the footings. Please call to discuss as the conditions have changed on site.

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Case Study: It’s Too Wet to Dig

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Case Study: It’s Too Wet to Dig

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Case Study: It’s Too Wet to Dig

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Case Study: It’s Too Wet to Dig

Situation: The Contractor states that the construction site soils are unexpectedly wet and this will result in additional costs for excavation. The Contractor is claiming this is a Differing Site Condition.

Question – What clause(s) of the General Conditions apply?

Question – To what is the Contractor entitled?

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Case Study: Substandard Work I

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Case Study: Substandard Work I

Situation: The Owner’s Representative was on site over the last two weeks while the Contractor installed non-load bearing CMU block walls. The work-in-place is substandard, with the blocks misaligned, differing widths of grout and other aesthetic issues.

Question – What clause(s) of the General Conditions apply?

Question – What may the Owner do?

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Case Study: Substandard Work II

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Case Study: Substandard Work II

Situation: The Contractor installed the oblong-shaped CMP pipe, but did not bring the fill up to mid-haunch as indicated in a single detail of the drawings. The Owner’s Representative was not on site during installation. One week after installation, the pipe buckled under a large load.

Question – What clause(s) of the General Conditions apply?

Question – What may the Owner do?

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Case Study: That Dang Tree

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Case Study: That Dang Tree

Situation: The Owner wanted this oak tree protected. Protection included installation of an MSE block wall to protect the roots. While the Owner’s Agent was not on site, the Contractor built a levee across the roots and his equipment damaged the tree.

Question – What part(s) of the General Conditions apply?

Question – What may the Owner do?

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Questions?

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