Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Defective Workmanship,Design-Build,Expert Witnesses,Specifications,Specifications - Failure to Meet
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Where a design-builder filed suit against the project owner (animal fee manufacturing plant) to collect the balance of fee that was being withheld, the owner countersued for almost $2 million alleging that contractor breached the contract’s requirements for concrete strength and placement of rebar in the concrete. An expert witness testified for the owner that [...]
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Highway Contractor Protected by State Immunity Statute
Government Contractor Immunity,Sovereign Immunity,Specifications - Failure to Meet,Third Party Claims
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Where a highway construction contractor followed specifications given to it by the state, it was immune pursuant from liability arising out of a motorist’s personal injury action. The plaintiff’s law suit alleged that her injuries were caused by, or made worse by, a guardrail that was constructed by the contractor. Under the state of Kansas [...]
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Written Notice of Deviations from Specifications Is Required With Shop Drawing Submittals
Federal Government Contracts,Shop Drawings,Specifications - Failure to Meet
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The Owner’s approval of a shop drawing submittal that deviates from specification requirements does not relieve the contractor where the contractor failed to notify the owner in writing of the variations from the specifications and obtain approval from the owner. The U.S. Navy issued specifications for the construction of a facility in Greece. One of [...]
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