Drawings and Specifications - Construction Claims Advisor

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Drawings and Specifications

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Recent Issues

MORE STRINGENT SPECIFICATION GOVERNED – NOT WAIVED BY SHOP DRAWING APPROVAL: Where two specifications differed, the more stringent spec governed. The specification was not waived by government approval of a shop drawing submittal based on the less stringent specification.

EXPERT OPINION ON STANDARDS COULD NOT TRUMP SPECIFICATIONS: Material testing specifications were unambiguous and could not be altered by expert opinion regarding construction standards or prudent engineering. Delay experienced by a contractor was caused by noncompliance with the specifications, not unreasonable testing by the public project owner.

CLIENT’S REMEDY AGAINST ENGINEER LIMITED TO CONTRACT: The client of an engineering firm could not sue the engineer for negligence when the loss was limited to physical damage to the project itself. The client’s remedies were defined under the contract.

BOARD ADDRESSES DESIGN FEATURE AND PERFORMANCE SPECIFICATION: Notes on a drawing detail did not necessarily, for purposes of summary judgment, superimpose a design feature on a performance specification.

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