Question 1

Acting conscionably means to act prudently in good faith

Accepted Answer

Acting conscionably means to act with careful consideration, honesty, and fairness, which is equivalent to acting prudently in good faith.

Question 2

In order to avoid responsibility, the Owner may rely upon
A) exculpatory clauses relieving him/her of responsibility
B) failure of the Contractor to give timely notice
C) the difference is insignificant in regard to method or approach
D) all of these

Accepted Answer

The owner can avoid responsibility through various means such as exculpatory clauses, the contractor's failure to provide timely notice, or if the difference in method or approach is deemed insignificant. These mechanisms can protect the owner from liabilities or claims from the contractor or other parties.

Question 3

With a Differing Site Condition, the Contract Administrator should
A) fully document all aspects of the different condition
B) meet as quickly as possible to brainstorm solutions
C) notify all parties immediately
D) all of these

Accepted Answer

With a Differing Site Condition, the Contract Administrator should fully document all aspects of the different condition, meet as quickly as possible to brainstorm solutions, and notify all parties immediately in order to avoid any disputes or delays later on. Therefore, all of these options are the best choice.

Question 4

With a Differing Site Condition
A) the Contract Administrator needs to understand all the facts before alerting the Owner
B) cost will probably be more an issue than the schedule
C) timely notice by the Contractor to the Owner is important
D) the Architect will be to blame so dealing directly with the Owner is essential

Accepted Answer

Timely notice by the Contractor to the Owner is important in a differing site condition situation. This allows the Owner to evaluate the situation and determine the appropriate course of action, including any necessary changes to the contract price or time for completion. It is not necessary to assign blame or involve the Architect at this stage. The Contract Administrator should work with the Contractor to gather all the facts before alerting the Owner. While cost may be an issue, the schedule may also be impacted depending on the severity of the differing site condition.

Question 5

Type II Differing Site Conditions
A) differ from what is shown on the drawings
B) differ from what a prudent Contractor would expect on the site
C) are typical on most projects
D) always cause a delay

Accepted Answer

Type II differing site conditions occur when the actual site conditions differ from what a prudent contractor would have expected. They are not necessarily typical on most projects, and they do not always cause a delay. They are also different from Type I differing site conditions, which occur when the actual site conditions differ from what is shown on the contract drawings.

Question 6

Type I Differing Site Conditions
A) differ from what is shown on the drawings
B) differ from what a prudent Contractor would expect on the site
C) are typical on most projects
D) always cause a delay

Accepted Answer

Type I Differing Site Conditions refer to conditions that differ materially from what is indicated in the contract documents or drawings.

Question 7

Reliance upon the Spearin Doctrine is sufficient for relief from Differing Site Conditions

Accepted Answer

The Spearin Doctrine primarily addresses the implied warranty of the adequacy of plans and specifications provided by the owner to the contractor, not differing site conditions, which are typically addressed under specific contract clauses or the doctrine of constructive change.

Question 8

Type I Differing Site Conditions should have been anticipated

Accepted Answer

Type I Differing Site Conditions are unforeseeable physical conditions encountered at the site that differ materially from those indicated in the contract documents. They could not have been anticipated by a reasonable contractor at the time of bidding.

Question 9

Differing Site Conditions usually refers to something unexpected underground, but it does not have to be so

Accepted Answer

Differing Site Conditions can refer to any unexpected conditions encountered during construction, including those above ground. However, it is traditionally associated with unexpected conditions underground, such as encountering rock formations, uncharted utility lines or subsurface voids.

Question 10

A Type II Differing Site Condition is what no one would have expected to exist without regard to what was indicated on the drawings

Accepted Answer

A Type II Differing Site Condition is an unforeseeable condition that would not have been expected to exist based on the information provided in the contract documents, including drawings and specifications.

Question 11

A Type I Differing Site Condition is when actual conditions are not what was indicated on the drawings

Accepted Answer

A Type I Differing Site Condition occurs when the actual conditions encountered during construction are different than what was indicated on the drawings or in the contract documents. This may include unexpected soil or rock conditions, an undiscovered underground structure, or unexpected water or ground conditions.

Question 12

A force majeure is caused by natural events but not by humans

Accepted Answer

Force majeure can be caused by both natural events (like earthquakes, floods, hurricanes) and human actions (such as strikes, wars, or acts of terrorism).

Question 13

Through an exculpatory clause, an Owner will place responsibility on the Contractor for actions caused by the Owner's agents

Accepted Answer

An exculpatory clause shifts responsibility from the Owner to the Contractor for actions caused by the Owner's agents.

Question 14

If there is an exculpatory clause protecting the Owner, key for the Contractor in resolving a Differing Site Condition favorably will be
A) how much the Differing Site Condition will cost
B) the reasonableness of the Owner
C) on whose side the Architect is
D) exculpatory clauses that favor the Contractor

Accepted Answer

A key factor in resolving a Differing Site Condition favorably for the Contractor is the reasonableness of the Owner. Even if there is an exculpatory clause protecting the Owner, the Contractor may still be able to negotiate a better outcome if the Owner is willing to be reasonable and work towards a mutually beneficial solution. The cost of the Differing Site Condition and the presence of exculpatory clauses favoring the Contractor are also important factors, but the reasonableness of the Owner is ultimately the most significant factor in resolving the issue. The Architect's position may also be important, but it is not the key factor in resolving the Differing Site Condition.

Quiz 12: Differing Site Conditions

Acting conscionably means to act prudently in good faith

In order to avoid responsibility, the Owner may rely upon

With a Differing Site Condition, the Contract Administrator should

With a Differing Site Condition

Type II Differing Site Conditions

Type I Differing Site Conditions