Question
Watch DrDis (39) Facebook Secure https://www.facebook.com utube Homepage-South M MeGraw-Hill Connect WebAdvisor Main, Sign into your aec O' Mail-dilde1eTag (engage D eengage poin Assume for this question only that while performing the excavation of the parking area, ABC's site utilities subcontractor hit an old tunnel (the tunnel was not shown on the as-builts). The tunnel the site, requiring a major clean-up along with repairing some of the areas where the work was already complete. ABC demanded payment for the clean-up and repairs, but Mall Partners refused. ABC's attorney contacted Mall Partners' attorney and stated that the ABC demand for extra payment is based on common law, and that ABC is only contractually responsible for "means and methods." Mall Purtners' attorney stated that ABC is responsible for all repairs and redesign necessary to complete the work. What is the attorney referring to when "means and methods" is mentioned? Describe how common law might apply in this situation. Should Mall Partners pay ABC? Fully explain your answer: (HINT DO NOT discuss a differing site conditions clause or hidden conditions clauseJ https://scontent ffad2-1.fma.focdn.net/v/134.0-12/22287090 1872246242790336,1304498719 9007oh 733800702011db 8:13
Explanation / Answer
In the current situation, there is a mistake in both of the subcontractor as well as the ABC company. If a tunnel exists there proper care should be taken without hitting the tunnel or excavation should be done away from the tunnel passage. So, in this case for the cleaning up of the flooded water both of the people should come to a mutual understanding for cleaning the site. Otherwise, there is a delay in the work and time for project completion will increases which will cost more which will also affect the contractor for paying penalty for extra duration of work,
