i have a construction & contracting question, help please

[californiadude]

A contractor encounters a layer of rock while digging a new sewer main, which cannot be excavated using a backhoe. It is early in the afternoon and the contractor did not bring a jackhammer to the site. What procedures would you follow to come up with a solution to:

a.) Avoid a potential claim?

b.) Get the contractor working again?

thanks

 

[IlPadrino]

A contractor encounters a layer of rock while digging a new sewer main, which cannot be excavated using a backhoe. It is early in the afternoon and the contractor did not bring a jackhammer to the site. What procedures would you follow to come up with a solution to:
a.) Avoid a potential claim?

b.) Get the contractor working again?

thanks

Assuming there's a changes clause in the contract and you agree it's an unforeseen site condition... follow the process for a change order. I'd think there's someone on your side that can verbally obligate the company and they'd be willing to give immediate direction even if it's undefinitized.

Or you can go the route I usually do... insist it's not a change, remind the contractor that means and methods are their responsibility, and reaffirm the terms of the contract remain unchanged and there will be no extension to the contract completion date. That's usually enough to keep them working when there's really no choice with how to proceed. I also let them know that I'm going to be more likely to agree with their interpretation of fair and reasonable when they continue to put mission success before contract entitlement.

 

[jeb6294]

Was it this contractor's responsibility to do core borings or any type of geotechnical investigation at the site before work started or did he just start tearing into it?

 

[californiadude]

^^^

it's actually a questionaire for a job application

 

[IlPadrino]

it's actually a questionaire for a job application

In that case:

a.) Avoid a potential claim? Give them lots of money.

b.) Get the contractor working again? Ask "pretty please".

 

[jeb6294]

^^^it's actually a questionaire for a job application

I guess the obvious answer would be to just have them continue with the work they can do with the equipment they have on hand and then start busting rock the next day when they've got a hammer. Unless this is a Gov't contract in which case there is nothing you can do to prevent a claim.

 

[IlPadrino]

^^^it's actually a questionaire for a job application

On more idea... see if there's a nearby penitentiary that's willing to loan out some hard labor. I imagine lots of convicts would be willing to make little rocks out of big rocks for some extra sunshine. Of course, you'll need to adjust the field overhead rate for the added security or add an additional direct cost line item.