. The contract indicated only silty and blue clays and a small amount of shale w
ID: 338166 • Letter: #
Question
. The contract indicated only silty and blue clays and a small amount of shale would be encountered on the site. A large quantity of shale was actually encountered instead of the silty and clay material. The contractor had intended to use the excavated material of silt and clay for fill at another location on the job, however, the excavated material would not compact well and the contractor had to purchase fill from another source at a cost of $40,000. Is the contractor entitled to damages of $40,000 from the owner? a. Applicable rule: b. Your analysis:
Explanation / Answer
. The contract indicated only silty and blue clays and a small amount of shale would be encountered on the site. A large quantity of shale was actually encountered instead of the silty and clay material. The contractor had intended to use the excavated material of silt and clay for fill at another location on the job, however, the excavated material would not compact well and the contractor had to purchase fill from another source at a cost of $40,000. Is the contractor entitled to damages of $40,000 from the owner? a. Applicable rule: b. Your analysis:
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