Inspection clauses cover only what's reasonable
Article Abstract:
Contractors generally assume cost overruns for unexpected subsurface conditions unless there are contractual provisions for these situations. However, construction contracts have differing site conditions clause (DSC) which shifts some of the risks from the contractor to the owner. DSCs relieve contractors of unexpected risks from two types of subsurface conditions. Type I represents subsurface or latent physical conditions at the site that differ from those indicated in the contract. Type II refers to physical conditions at the site which differ from those normally encountered.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1999
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Construction manager may be exempt from competitive-bidding requirements
Article Abstract:
The Boyertown Area School Board can hire the services of a construction manager (CM) without soliciting bids because the CM's work is directly related to the overall success, according to the Supreme Court of Pennsylvania. The court held that, as a professional service, the CM position required an expertise that was unquantifiable and therefore did not lend itself to the bidding process. The fact that the CM would do no actual construction helped the court in deciding that the position was indeed a professional one.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1995
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Proving professional negligence for jobsite accidents
Article Abstract:
A jobsite accident case is based upon allegations that design flaws cased the accident and therefore made the designer liable. In any event, design professionals need to remember that their exposure to liability for jobsite safety to a great extent depends on the terms of their contracts.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 2004
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