Construction Law Contracts and Safety

Part 1

You are the project manager for a general contractor, and one of your projects has just been reviewed by the city building inspector. The inspector informs you that although the work may conform to the plans and specifications, it does not meet building codes and must be redone. You know that the work needs to be corrected but are concerned about the budget and schedule. You attach the inspection notice and appropriate sections of the plans and specifications to a request for change and submit it to the owner. Analyze the scenario and answer the following questions:

• What are the ramifications of this situation?
• What response can you legally expect to receive from the owner? Why?

Justify your answers using examples and reasoning.

Part 2

This is a legal question. To find relevant cases and articles, you may access Westlaw Campus Research through the South University Online Library. You may also use www.law.justia.com or other similar search engines.

Often there are discrepancies between project drawings and specifications. When these are unresolved they can lead to litigation. Using the search terms “discrepancy between drawings and specifications,” respond to the following:

• Identify a state or federal case involving discrepancies between project drawings and specifications.
• Summarize the facts and findings of the case.
• Discuss these facts and findings and relate them to your experience and intended career path.
• Discuss how legal issues can be avoided when there are inconsistencies between drawings and specifications.

Be sure to properly cite the case. For example:

Western Contracting Corp. v. Sooner Const. Co., 256 F.Supp. 163 (W.D.Okla.1966).

Justify your answers using examples and reasoning.