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Site Conditions

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Recent Issues

  SITE VISIT COMMENTS DID NOT ALTER SPECIFICATION
Statements by a project owner’s representative during an organized pre-bid site visit did not alter a contract specification. Although the statements indicated an additional requirement, later added by amendment to the solicitation, they did not contradict the specification.
  LACK OF SITE INSPECTION DEFEATS CLAIM
A contractor was charged with knowledge of readily observable site conditions even though the contractor failed to avail itself of the opportunity to conduct a pre-bid site inspection.
  CONTRACT EFFECTIVELY DISCLAIMED SUBSURFACE INFORMATION
A construction contract and an attached geotechnical report both disclaimed responsibility for the accuracy of subsurface information. Despite the indication there was no rock in the excavation area, a contractor acted at its peril when it bid a contingent “rock excavation” item below cost.
  SITE CONDITION PROBLEM DID NOT JUSTIFY CONTRACTOR’S WORK STOPPAGE
Even after giving proper notice of an alleged differing site condition, a contractor could not insist that the project owner investigate the condition. The contractor’s refusal to resume work pending an investigation was a breach of contract.
 
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