Exam 12: Differing Site Conditions

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With a Differing Site Condition, the Contract Administrator should

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D

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

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

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In order to avoid responsibility, the Owner may rely upon

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Type I Differing Site Conditions should have been anticipated

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Acting conscionably means to act prudently in good faith

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Type II Differing Site Conditions

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Type I Differing Site Conditions

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If there is an exculpatory clause protecting the Owner, key for the Contractor in resolving a Differing Site Condition favorably will be

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With a Differing Site Condition

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

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

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

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

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