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Owner Had Actual Knowledge Of Extra Work Changes-directed; Changes-constructive

Monday, May 09, 2005 02:51 pm

 
Owner Had Actual Knowledge Of Extra Work Changes-directed; Changes-constructive

A federal district court has ruled that while lack of written change orders defeated several contractor claims, the contractor could recover for extra work of which the project owner was fully aware.

Franklin Pierce College awarded a fixed-price contract to H. E. Contracting (HEC) for clearing, grubbing and site preparation for athletic fields at the College's campus in New Hampshire. The contract included a provision stating: "No claim for extra work or cost shall be allowed unless the same was done in pursuance of the written order of the Engineer, approved [...]

 
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