Professional Documents
Culture Documents
Event A: Extra Days of Work
Event A: Extra Days of Work
Summary:
- The contractor didn’t find the 6 road crossing (only he finds 5).
- She informed George and gives him 2 options: cut pavement/ or do a jack &bore process in
order to install the remaining crossings.
- George refused to cut the pavement.
- Dawn decided to rent the jack&bore equipment that takes: 6 days to arrive on site, and 2
extra days of work.
Responsibility of delay:
- In this case, the contractor visited the site, checked the location and reported the damages
found to the owner. This work was supposed to be done (personal observations) before
signing the contract.
- According to section 3.2(AIA):
3.2.1 The contractor before working should check the site conditions.
3.2.2 Contractor should check any given condition, and have a personal observation.
No time and money compensation
In reality if the contractor did not sent any claim to ask for time and money compensation. According to:
Event B
Summary:
- This event took place at step 8 when installing the PVC to guardhouse.
- Shocksmith borrowed a Ditch Witch to perform trench ditching. The contractor started
playing with the machine as a child.
- The owner George and Sam saw him and was not amused by that.
- The first 2 days installation was good until sparks begins to fly out.
- the contractor hit the underground electric service field.
- The contactor promised to repair the damages caused by him. However while repairing he
found that the project was illegitimately powered by electricity (electricity power not
meeting the code).
- The owner accepted to do repairs according to the code.
- Repair + the upgrade of the service feed to legal electricity took 3 days. In addition 1 extra
day was wasted waiting to the inspectors approval on changes
- This delayed the process of installing the underground PVC.
Delay Responsibility:
- While playing with the machine this leads to smoke and noice
According to special condition:
- According to AIA, the contactor is the one responsible for all damages occurring during
performance of the work, especially that the location of utilities is one of his reponsabilities
that should have been fulfilled previously:
- The contractor should not start work before written instruction from the owner.
No money compensation only time extension because the owner did not respond
quickly.
3.3.1
Also in special conditions
- If they said that the quality of wires that owner put are not good not related…They both
agreed at the end to change the wires.
- Contractor should not rely on the information the owner gives to him
Event C
Summary
- Hurricane Annie was expected to hit the country.
- On October 26 it hits Virginia and affected the project that was stopped for 2 days.
- The contractor forgot the Ditch Witch outside forgetting to put it in a protected place.
- After the storm calmed out, the contractor found that the machine now is lying underwater and the whole road
too.
- The Owner urged the contractor to remove all dirt and damages.
- The contractor asked a favor of dozen operator which will cover the PVC installation and compact the road
- Overall delay= 5 days (3 days due to hurricane and 2 days for cleaning).
Responsibility of delay:
- It is right that in the supplementary conditions it is written that an Act of God is at the
charge of the owner. But, the contractor should have expected if not the hurricane at least
the rain(in October rain is usually expected in Virginia), and the contractor should have at
least protected the equipment since he is responsible for the safety of equipment on site:
In the supplementary conditions paragraph 10.12:
Also, if the owner made a proper drainage system you will not be forced to stop the indoor
activity.
- Also, according to AIA, the contractor is responsible of keeping the site clean and free from
waste materials: AIA clause 3.15.1:
Responsibility of Delay:
- Referring to the special conditions of the contract paragraph10.1.3:
It is written that any act of vandalism is an expected risk to the contractor:
So, it is not the responsibility of the owner since this action is not due to owner’s
negligence.
- Moreover the contractor should have expected vandalism on site, since it was very
common during that period of construction, and the contractor has already heard of
it(handout).
- Remark: If asked that the owner should get an all risk insurance that covers
vandalism(AIA): generally if the owner did not get this insurance then definitely the
contractor should get it.
Responsibility of Delay:
- Contractor is right 100% time and money compensation.
- This activity is not considered critical, and did not involve and time or money
compensation since the repair was done by Tyrone itself and didn’t require any
additional labor.
-
According to AIA 6.2.2: If a part of the work depends on the owner, the contractor
should report any defect or problem in it. If no report was given, this assumes that the
contractor has approved the owner work: