Construction Law

Construction Questions

1. Legally speaking what does an unforeseen site condition mean?

2. You are awarded a project preparing a new site for a parking structure. When you start grading you discover that there is a large pocket of hard clay that requires a special large breaker to break up the clay which will cost you server thousand dollars. The soils report does include some evidence of clay but there are no borings showing this hard clay. Does the contractor have the opportunity of a change order and why?

3. Your electrical subcontractor comes to you with a $10,000 change order for extra work of hanging his light fixtures because, though the mechanical plans show a large wide duct above where the lights go, the electrical plans do not. Should they get paid the change order? Why or why not?

4. You provide a bid to demolish a small two story office building. The building was built in the early 1900’s and there were no plans available from either the city or the building owner. Despite the lack of plans you submit your unqualified bid and are awarded the contract. When you first start construction you discover a basement with a massive foundation that takes you much longer to remove than you planned. You submit a change order for this unforeseen foundation. Does the client legally owe you the extra work? Why or why not?

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