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Title: CONTRACT ADMINISTRATION: THE CHALLENGE OF CHANGED CONDITIONS
Accession Number: 00238737
Record Type: Component
Abstract: THE PROCEDURES FOLLOWED IN NEW YORK STATE IN DEALING WITH CHANGED CONDITION PROBLEMS ARE DESCRIBED. THE FEDERAL GOVERNMENT HAS ENDEAVORED TO CONTROL THE CHANGED CONDITIONS RISK BY REQUIRING A REFERENCE TO BE INSERTED IN ALL FEDERAL CONSTRUCTION CONTRACTS WHICH PROVIDES THAT THE CONTRACTOR SHALL BE NOTIFIED IN WRITING OF: (1) SUBSURFACE OR LATENT PHYSICAL CONDITIONS AT THE SITE DIFFERING MATERIALLY FROM THOSE INDICATED IN THE CONTRACT, OR (2) UNKNOWN PHYSICAL CONDITIONS AT THE SITE, OF AN UNUSUAL NATURE, DIFFERING MATERIALLY FROM THOSE ORDINARILY ENCOUNTERED. NEW YORK STATE HIGHWAY CONSTRUCTION CONTRACTS DO NOT CONTAIN A PROVISION SIMILAR TO THE FEDERAL GOVERNMENT'S CHANGED CONDITIONS ARTICLE. WITH RESPECT TO THE FIRST CATEGORY RELATING TO SUBSURFACE CONDITIONS, THE NEW YORK STATE PUBLIC WORKS SPECIFICATIONS PROVIDE THAT THE CONTRACTOR IS EXPECTED TO ACCEPT FULL RESPONSIBILITY FOR SUBSURFACE CONDITIONS ENCOUNTERED ON THE SITE, EXCEPT THOSE RESULTING FROM FAULTY DESIGN OR MISREPRESENTATION. IN NEW YORK STATE, THE CONTRACTOR HAS REMEDY FOR THE SECOND CONDITION IN THE DISPUTED WORK CLAUSE OF STANDARD SPECIFICATIONS WHICH AFFORDS THE CONTRACTOR AN OPPORTUNITY TO BE HEARD WHEN CLAIMING EXTRA WORK. THE STATE OF NEW YORK HAS WAIVED ITS SOVEREIGN IMMUNITY WITH RESPECT TO CONTRACT MATTERS AND HAS ESTABLISHED A COURT OF CLAIMS IN WHICH AN AGGRIEVED PERSON CAN SUE THE STATE AND, ON PROVING HIS CLAIM, RECOVER DAMAGES WITH INTEREST. THE DISPUTED WORK CLAUSE IS ESPECIALLY APPLICABLE TO THOSE CLAIMS FOR EXTRA WORK WHICH RESULT FROM THE CONDITION REFERRED TO IN THE SECOND CATEGORY OF THE FEDERAL CHANGED CONDITIONS.
Supplemental Notes: pp 146-152. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Monograph Title: Monograph Accession #: 01410760
Corporate Authors: Highway Research Board (HRB) Washington, DC Authors: Bennett, Thomas JDiscussers: Banister, D Ross; Lindas, Leonard I; Canada, Robert D; Abrahams, Richard K; Lehmann Jr, Carl H; Amey, John T
Pagination: pp 146-152
Publication Date: 1962
Conference:
Workshop on Highway Law
Location:
Wisconsin, United States Media Type: Digital/other
Features: References
TRT Terms: Old TRIS Terms: Subject Areas: Administration and Management; Highways; Law
Files: TRIS, TRB
Created Date: Sep 29 1994 12:00AM
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