Ballast Questions- HELP

Building Section Vignette and Multiple Choice

Ballast Questions- HELP

Postby dinal » Fri Sep 25, 2015 11:33 am

Hi guys-
Couple questions I have rising from Ballast CDS Exam that I was going through.
-Ballast 16= If the contractor finds areas of swell soil in locations that has not been indicated in the soil report. Who is responsible for the cost of additional excavation?
Why is the 'the contractor' but the owner? It is an unexpected condition that has not been placed in the soil report so isn't it the owner who has to pay for it?

Other questions I have is:
-If building inspector wants more tests of certain conditions, who pays for it? Contractor?
-If building inspector requires extra fire extinguishers, who pays for it? Owner?
-If architect's consultant mechanical engineer's specs are wrong and the item that the contractor build needs to be replaced, who pays for it? Architect?

Thanks so much for the feedbacks in advance.
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Re: Ballast Questions- HELP

Postby hnQ_9999 » Tue Sep 29, 2015 8:44 pm

Ballast answered this question already.
Normally a soil report based on 4 bore test locations,
it won't be enough to cover unforeseen condition.
If GC has already visited the site, he would be responsible for the costs
of remedy expected-unforeseen conditions, which is also stated
in any Contract.
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Re: Ballast Questions- HELP

Postby Kiedys.Zdam. » Wed Sep 30, 2015 6:22 am

dinal wrote:Hi guys-
Couple questions I have rising from Ballast CDS Exam that I was going through.
-Ballast 16= If the contractor finds areas of swell soil in locations that has not been indicated in the soil report. Who is responsible for the cost of additional excavation?
Why is the 'the contractor' but the owner? It is an unexpected condition that has not been placed in the soil report so isn't it the owner who has to pay for it?

Other questions I have is:
-If building inspector wants more tests of certain conditions, who pays for it? Contractor?
-If building inspector requires extra fire extinguishers, who pays for it? Owner?
-If architect's consultant mechanical engineer's specs are wrong and the item that the contractor build needs to be replaced, who pays for it? Architect?

Thanks so much for the feedbacks in advance.


1. For me it is A201 - 3.7.4. - architect to determine if these were to be expected - and these could be expected as the locations have not been indicated in soil report - therefore Architect should not increase contract sum = Contractor pays for it. (this is how ncarb sees it)
2. Contractor pays for tests of portions of the work.
3. Safety on the site = Contractor
4. Owner, who may go after the Architect and him going after the Consultant, within the joinder.

These are my interpretations only.... i may revise it when I get to it a bit deeper.
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Re: Ballast Questions- HELP

Postby Kiedys.Zdam. » Sun Oct 04, 2015 8:18 am

Guess what
You do not have the required permissions to view the files attached to this post.
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Re: Ballast Questions- HELP

Postby hllARE » Wed May 10, 2017 11:44 pm

How come the answer for my Ballast practice on question 16 is "the owner"? 2015 2nd edition
I understand Shiff lecture did mentioned it is CONTRACTOR responsibility because contractor should aware of the site situation and submit their bid with this extra cost.
I am confused. Anyone can guide me through?
Thanks.
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Re: Ballast Questions- HELP

Postby Coach » Thu May 11, 2017 2:43 am

It is complete bullshit to require a contractor to cover the costs of unforeseen conditions. A201 is clear and the image above is correct.
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Re: Ballast Questions- HELP

Postby kikstear » Wed Jul 26, 2017 12:29 pm

I'm also having issues with this question!
Question 16 on the Ballast Practice Exam:

A developer from NY owns a large piece of property along the James River in Virginia and plans to construct a retirement community and golf course. This is an area where there are many pockets of unstable shrink/swell soil, so the architect advises the owner to hire a geotechnical engineer to conduct testing and prepare a soils report for the property. The developer bids construction of the clubhouse and provides a copy of the soils report to each of the bidders along with the contract documents. THe low bidder and the developer reach an agrrement based upon A201. Three weeks into the site excavation, the contractor finds areas of shrinks/swell soil in locations not indicated in the soils report. Who is responsible for the const of additional excavation and/or foundation design and reinforcement?
a.) contractor
b.) geotechnical engineer
c.) owner
d.) architect

My ballast answer key says A, contractor (unlike the person's above, who said their key says owner!). and explains that the contractor is technically responsible for additional incurred cost because AIA doc 201 Sec. 3.2.1 exaplains that "execution of the contract by the contractor is a representation that the contractor has visited the site, become generally familiar with local conditions under which the work is to be performed and correlated personal observations and requirements of the contract documents. However the same document states that the "Contractor shall be entitled to rely on the accuracy of information furnished by the owner." AiA document A201 includes a provision to address this sort of situation where concealed conditions differ from those anticipated by the contract documents. Section 3.7.4 allows either party to submit a claim for concealed or unknown conditions within 21 days of discovery. This provision helps owner and contractor to negotiate a fair resolution to the issue and protects the owner from bid prices that may be inflated to allow for the unknown conditions."


With this explanation, it does seem that the image posted above is correct with the change order. However, when deciding who is actually responsible, I don't see how to determine who is responsible (prior to reaching an agreement after notice within 21 days) ?
Does the situation change because the property is in a different state (does that have anything to do with this or is that just all jargon)? Is it because it is generally known that there are many pockets of shrink/swell soil, and the contractor should assume this may be a greater issue?
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