Question 1

"What Exactly does GC 13.10 Mean?" video - Contract Consideration Series

Accepted Answer

(14m) Brian Weeks explains and interprets GC 13.10, which was written to clarify that time extensions which are due to a change in the scope of work are not delays and thus not subject to the provisions of GC 13.

In order to receive the full benefit of watching this video, it helps to be clear about the difference between a Change and Extra Work. Please refer to the video "Change vs. Extra" for more insight.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 2

"The Problem of Putting Specs on Drawings" video - Contract Consideration Series

Accepted Answer

(11m) Brian discusses and provides examples of how putting specs on drawings can cause problems during a project, particularly when the drawings rank lower in the Document Hierarchy (GC 2.2.4.). He shares three ways to fix the problem, and the MMCD recommended best solution.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 3

"The Implications of Optional Work" video - Contract Consideration Series

Accepted Answer

(17m) Brian Weeks defines (GC 1.48) and provides examples of Optional Work, and explains the related General Conditions: GC 7.4.1, GC 9.4.2, and GC 9.5.3.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 4

"GC 12 May Not be Enough" video - Contract Consideration Series

Accepted Answer

(9m) General Condition 12 in the MMCD deals with the discovery of unexpected hazardous materials during the course of a construction project.

The Master Municipal Construction Documents were specifically designed to create contracts for sub-grade municipal infrastructure such as sewers, waterline and other utilities. The very nature of this type of work implies unknown conditions. Since it is not practical to do geotechnical investigations continuously along the proposed route of a new project, we must expect surprises. One type of surprise is the discovery of unexpected hazardous materials.

A core philosophy supporting the MMCD is that risk should be apportioned based on who can best manage it. Also, we do not want bidders to have to include large contingency amounts for unknown risks on every tender. So how do we put these objectives into effect concerning hazardous materials? Find out in this 9-minute presentation by Brian Weeks.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 5

Is a Change Order required for Force Account?

Accepted Answer

The Contract Administrator is the interpreter of the Contract Documents, and the judge both parties to the Contract (GC 3.6.1)

However, there are references in the General Conditions of the MMCD to Extra Work

The Contractor is invited to perform Extra Work by issuing a Contemplated Change Order or Field Memo.(GC 8.1.1)

Change Orders and Field Memos are covered in GC 9.3

The Contractor may accept or decline the Extra Work (GC 8.1.2) in a timely fashion (GC 8.1.3)

GC 8.2.1 requires a written Change Order or Field Memo to approve Extra Work

GC 9.2.2 says that if the Contractor is authorized by the Contract Administrator to perform Extra Work, absent agreement on valuation and price, then the method of valuation shall be Force Account

“Force Account” in the MMCD General Conditions is covered in GC 10.0

Question 6

What is included in the Overhead portion of a Force Account?

Accepted Answer

QUESTION

The contractor has currently claimed missing overhead associated with approved Changes as well as unavoidable delays. We had agreed at the beginning of the project to include overhead costs associated with Change Orders in a review at the end of the project if those costs materialized. I am now assessing their claim.

Force Account rates include direct costs, overhead and profit but what is typically included in the overhead portion of the Force Account? Does this overhead portion include office overhead?
What is considered applicable in overhead costs when the Contractor is working Force Account and gets 10% markup on materials/subcontractor work?

Generally speaking, where do site overheads typically fall? Items like portable toilets, trailer heating, electricity, street cleaning, fences, etc? Where do staff overheads fall like Quality Coordinators, Project Managers, etc? They are also an overhead project cost.

COMMENT

GC 1.3.8 refers

Question 7

What is the rate for liquidated damages?

Accepted Answer

QUESTION

I have a question about the interpretation of GC13.9 (no supplemental GC)

COMMENT

Liquidated damages are now set at $1000/day vis Platinum supplemental. GC 13.9 says the flat rate plus out of pocket costs.

Question 8

Which item is higher if there are contradicting statements between the Contract Documents, the Supplementary Specifications, the Schedule of Quantities and Prices, and the Drawings?

Accepted Answer

COMMENT

GC2.2(1) shows the hierarchy of documents

Question 9

Does a delay caused by wildfires fall under Abnormal Weather?

Accepted Answer

QUESTION

Contractor was to mobilize to site today, but now will not be able to construct due to fires in area and are looking for compensation. Does this delay fall under abnormal weather?

COMMENT

GC 13.3 Unavoidable delay cites Abnormal Weather as something beyond the reasonable control of the Contractor.

Question 10

What happens when a Contractor breaches the contract?

Accepted Answer

Delay, workmanship, may be covered in General Conditions clauses, such as: GC 4.13 Rejected Work; GC 13.2 Delay by Contractor; GC 15.3 Termination; GC 23.1 Reimbursement for Wrongful Act or Neglect and others.

It is important to document all communications.

This situation may require legal advice...but check the GCs for sections relevant to the alleged breach