Construction
moore05
WK2RESPONSE.docxI D
1. Discuss your thoughts on the different approaches to resolving disputes.
Disputes can be solved by mutual agreement. Settling a dispute in this manner frequently produces a change order agreed by both parties. Disputes not settled by mutual agreement may be settled by mediation, arbitration, or litigation. In each instance, disinterested third parties help to decide, or actually rule on, the issues. Litigation is especially costly and apt to take years to conclude, and appropriate only when all other methods have failed. Arbitration is a procedure in which the parties in the dispute select a third party to whom arguments will be presented, and who will decide the issue. Mediation is an even less formal procedure in which the disputing parties agree on a third party who will examine opposing views and try to work out a fair solution or compromise.
Respond
2. Who takes the risks on an earthwork contract?
The subcontractor is the one specialized in earthwork therefore he is the one that takes the risk on the contract.
Respond
3. Who bears the risks if errors are made in the bid documents?
Respond
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2. Who takes the risks on an earthwork contract?
On a contract specification page (6.4.1 Earthwork), the general contractor shall at all times conduct his or her work so as to ensure the least possible obstruction to water-borne traffic. The general contractor shall assume full responsibility for alignment, elevations, and dimensions of the area to be dredged.
Respond
3. Who bears the risks if errors are made in the bid documents?
The proposal of a successful bidder is incorporated in the contract along with the contract documents. The contract provisions recognize that there may be circumstances under which the proposed costs may change. Those provisions may include, “the Owner agrees to pay to the Contractor the amount of the bid as adjusted in accordance to the Proposal as determined by the Contract Documents”. In an underestimated bid, the contractor also bears the risk.
Respond
4. Who bears the risk of a totally unknown condition that results in additional costs and time?
For any unknown conditions, the additional costs and time would be the responsibility of the part listed on the contract. Some contracts may have the owner responsible extending trenching because the contractor already complied with the trenching to X amount of fee (whatever is listed in the contract). In other cases, there are areas in the specification contract that can be the responsibility of the contractor. Again, read the contract.
Respond
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1. Discuss your thoughts on the different approaches to resolving disputes.
Various methods of alternative dispute resolution have been introduced into the construction industry as a means to avoid lengthy and expensive litigation. Alternative dispute resolution can be in a process of Negotiation where parties can discuss and make arrangement to resolve the disputes. Mediation is the next process in which a third party is involved for resolving disputes without imposing any legal bonding. Expert decision in which expert services are hired for the dispute resolution. Litigation is a process when all above mentioned are not a solution to resolve the disputes. Litigation is a process of acquiring legal assistance from the court for dispute resolution.
Respond
2. Who takes the risks on an earthwork contract?
It is the contractor take the risks on earthwork. He or she is responsible to implement safety and necessary precautions on the job site to avoid any accidents during the course of execution of the earthwork.
Respond
3. Who bears the risks if errors are made in the bid documents?
It is the contractor bears the risks of any unforeseen cost or estimation at the job site.
Respond
I
D
1. Discuss your thoughts on the different approaches to resolving disputes.
Disputes can be solved by mutual agreement.
Settling a dispute in this manner frequently produces
a
change order agreed by both parties.
Disputes not settled by mutual agreement may be settled by
mediation, arbitration, or litigation.
In each instance, disinterested third parties help to decide, or
actually rule on, the issues.
Litigation is especi
ally costly and apt to take years to conclude, and
appropriate only when all other methods have failed.
Arbitration is a procedure in which the parties in
the dispute select a third party to whom arguments will be presented, and who will decide the
issue.
Mediation is an even less formal procedure in which the disputing parties agree on a third party
who will examine opposing views and try to work out a fair solution or compromise.
Respond
2. Who takes the risks on an earthwork contract?
The subcontractor is the
one specialized in earthwork therefore he is the one that takes the risk on the
contract.
Respond
3. Who bears the risks if errors are made in the bid documents?
The contractor.
Respond
D
G
2.
Who takes the risks on an earthwork contract?
On a contract specification page (6.4.1 Earthwork), the general contractor shall at all times conduct his
or her work so as to ensure the least possible obstruction to water
-
borne traffic. The general contract
or
shall assume full responsibility for alignment, elevations, and dimensions of the area to be dredged.
Respond
3.
Who bears the risks if errors are made in the bid documents?
The proposal of a successful bidder is incorporated in the contract along wit
h the contract documents.
The contract provisions recognize that there may be circumstances under which the proposed costs may
change. Those provisions may include, “the Owner agrees to pay to the Contractor the amount of the
bid as adjusted in accordance
to the Proposal as determined by the Contract Documents”. In an
underestimated bid, the contractor also bears the risk.
Respond
I D
1. Discuss your thoughts on the different approaches to resolving disputes.
Disputes can be solved by mutual agreement. Settling a dispute in this manner frequently produces a
change order agreed by both parties. Disputes not settled by mutual agreement may be settled by
mediation, arbitration, or litigation. In each instance, disinterested third parties help to decide, or
actually rule on, the issues. Litigation is especially costly and apt to take years to conclude, and
appropriate only when all other methods have failed. Arbitration is a procedure in which the parties in
the dispute select a third party to whom arguments will be presented, and who will decide the
issue. Mediation is an even less formal procedure in which the disputing parties agree on a third party
who will examine opposing views and try to work out a fair solution or compromise.
Respond
2. Who takes the risks on an earthwork contract?
The subcontractor is the one specialized in earthwork therefore he is the one that takes the risk on the
contract.
Respond
3. Who bears the risks if errors are made in the bid documents?
The contractor.
Respond
D G
2. Who takes the risks on an earthwork contract?
On a contract specification page (6.4.1 Earthwork), the general contractor shall at all times conduct his
or her work so as to ensure the least possible obstruction to water-borne traffic. The general contractor
shall assume full responsibility for alignment, elevations, and dimensions of the area to be dredged.
Respond
3. Who bears the risks if errors are made in the bid documents?
The proposal of a successful bidder is incorporated in the contract along with the contract documents.
The contract provisions recognize that there may be circumstances under which the proposed costs may
change. Those provisions may include, “the Owner agrees to pay to the Contractor the amount of the
bid as adjusted in accordance to the Proposal as determined by the Contract Documents”. In an
underestimated bid, the contractor also bears the risk.
Respond
