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RE: professional Practice with a segue...

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My posting was a little glib. But I did run it past some lawyer friends, who liked the dilemma it presents.

What you have here is a conflict between applying strict intrepretation verses common sense. Since you admit that the reason for specifying dimes that way was to make sure the contractor read them, then it was never needed. Thus, a common sense determination is that the contractor owes the engineer an apology, but not a credit. However, if the engineer insists on a credit, then the contractor knows for sure that the engineer probably has no common sense.

In terms of lessons learned, what you get from this story is a way of determining whether a entity knows the difference between common sense and strict interpretation. There are, of course, questions on how this practice may affect competitive bidding, etc. But I leave that discussion to others. Good luck to all who use it, with care, of course.

Now if the dimes were primarily needed for corrosion protection ....

P.S.: Ken De Lapp's 10/20/04 2:45 PM posting is essentially the same dilemma.



From: "Jordan Truesdell, PE" <seaint(--nospam--at)truesdellengineering.com>
Reply-To: <seaint(--nospam--at)seaint.org>
To: <seaint(--nospam--at)seaint.org>
Subject: RE: professional Practice with a segue...
Date: Wed, 20 Oct 2004 11:16:01 -0400

At 08:37 AM 10/20/2004 -0400, you wrote:
The change order didn't include credit for the labor cost? (Someone has to put those dimes down, and someone else has to do a survey to make sure they were placed 12" O/C, etc.)


I think they agreed to "waive" the additional labor and fees, as a gesture of good will ;-) Like I said, I don't remember the exact outcome, but it did involve a credit.


Jordan Truesdell, PE



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