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Unformatted text preview: CE 167: Engineering and Project Management Professor William Ibbs Fall 2011 Homework 5: Decision Trees, Contracts, Organizations 25 Points Due: Sept. 27, 2011 1. [7 points] Read the case Appeals of Marshall Associated Contractors, Inc and Columbia Excavating (2002 IBCA LEXIS 1; 2002-1 B.C.A. (CCH) P31,797) and answer the following questions: a. Are the conditions encountered in the borrow pit an example of Type I or a Type II differing site conditions? Why? This is an example of a Type I Differing Site Condition. The conditions encountered in the borrow pit were materially different than as represented by the BOR in the specifications and soils reports that were used to bid the job. b. List at least 3 red flag clauses other than Differing Site Conditions that are relevant to this case. For each, provide a short description how they might have affected Marshalls dispute with the Bureau of Reclamation. There are multiple answers. Possible answers include: Termination for Default/Convenience, Dispute Resolution, Delays and Suspension of Work, Time Provisions, Payment and Retention Provisions, Exculpatory, and Variation in...
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This note was uploaded on 01/06/2012 for the course CIVIL AND 167 taught by Professor Ibbs during the Fall '11 term at University of California, Berkeley.
- Fall '11