US Construction Law

Questions: 1. What specific types of claims does WAR have against us and why?2. What specific factual and legal arguments does WAR have? Be specific and in detail?3. What else should we require from WAR to substantiate its claims for lost productivity?4. Do we have a claim(s) against the Owner or ArchitectPlus to recover some or all the costs we may have to pay to WAR? If so, what specific types of claims do we have? Answers: 1. Because of the lapses in the conduit design specifications, WAR faced problems in completing the work on time and within the allocated budget. WAR has claimed that it incurred extra costs because of these non-specifications. It had to trace and measure the requirements on its own, then it had to cut into the insulation system. Keith has expressed this concern (437). WAR claimed that rigidness of the conduit on the concrete roof deck did not permit its technical crew to install tapered insulation. To complete this work, WAR had to employ extra manpower, material and working expenses which were not covered in the original contract. When it had signed the contract document, WAR had planned to work with one crew, who would move from one building to other, as and when they were completed and handed over to them. Keith has expressed this concern (437). 2. WAR is right in asserting that the original contract documents were not specific about the conduit laying. There was lack of detailed information in the drawings prepared by ArchitectPlus. There were no specific details about the actual placement of the rigid conduit electrical runs, their size and quantity. Although the contract documents specify that WAR should verify the actual conditions at the site before bidding, there is no indication that it also covers the lapses which occur in the drawings prepared by ArchitectPlus, which was engaged by DesignKing and WAR was not responsible to coordinate with or report to ArchitectPlus. Legally also, Bailey has expressed this concern (225) that WAR took precautions of notifying the lapses in the rigid conduit after it inspected Building-1, which was completed before WAR signed the contract with DesignKing. 3. As per Paragraph 2 of the subcontract between DesignKing and WAR, it is clearly stated that the subcontractor has examined the site to its full satisfaction and has made itself familiar with the construction layouts. Paragraph 3 further clarifies the probabilities of any lapses which may occur because of an oversight in the preparation of the contact documents concerning working conditions, design notifications and construction misappropriations. Paragraph 3 (a) clearly specifies that subcontractor must report, within 15 days of finding such lapses, to DesignKing and the work should be stopped forthwith until an inspection and clearance has been obtained from the Project Manager, the Architect and Owners On-site representative. Kelleher, Mastin and Robey have expressed this concern (234) that WAR did not comply with this after finding the fault in Building-1 and even after reporting the matter to DesignKing and went ahead with rectification of the fault on its own. 4. Although the main contract was signed between DesignKing and the Owner and ArchitectPlus was engaged by DesignKing and WAR was also engaged by DesignKing as the subcontractor, all these were parties to the project and were interlink through the main contract document and the subcontract document which made it a part of the main contract document. From the records it is clear that the major lapse was committed by ArchitectPlus by not incorporating the detailed fixing locations of the rigid conduit electrical runs. The owner cannot become a party to any losses incurred by DesignKing because of any faults committed by the subcontractors which have been engaged by DesignKing. But DesignKing is within its legal rights to claim the loss from ArchitectPlus and ArchitectPlus is morally responsible and legally bonded to fulfil and/or share the loss. Gibbs and Hunt have expressed this concern (489). List Of References Bailey, Julian. Construction Law. Oxon: CRC Press, 2014. Print. Gibbs, Kenneth. C and Hunt, Gordon. California Construction Law, 13th ed. New York: Aspen Publishers, 2010. Print. Kelleher, Thomas J, Mastin, John M and Robey, Ronald G. A Practical Guide for the Construction Professional, 5th ed. Hoboken, NJ: John Wiley Sons, 2014. Print. Pickvance, Keith. Construction Law and Management. Oxon: CRC Press, 2013. Print.