Differing Site Conditions and Lost Productivity Entitle Contractor to Additional Compensation
Change Orders,Damages,Differing Site Conditions,Lost Productivity,Reliance,site information reliance
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A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained affirmative indications that the subsurface conditions would be consistent with the use of trench footings. The owner [...]
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Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was negligent in its coordination and supervision of the contractors. The trial court dismissed the case [...]
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Expert Witness Adequately Testified to Consensus Opinion on Applicable Standard of Care
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Expert Witness,Negligence,Reliance,Standard of Care
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A plaintiff’s expert witness was challenged by the defendant on the basis that the expert’s testimony failed to adequately demonstrate that there was a consensus within the architectural community for the standard of care that he asserted applied in the case. The essence of his testimony was that when an architect is retained by a [...]
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