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RE: ACI 117

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Well said, Mark!

Bob Garner

-----Original Message-----
From: Mark Gilligan [mailto:MarkKGilligan(--nospam--at)compuserve.com]
Sent: Monday, February 07, 2005 2:46 PM
To: seaint
Subject: Re: ACI 117


If no tolerances are specified then the contractor can pretty much do what
he wants to do.  Remember we write the specifications and if there is any
ambiguity the courts will rule in favor of the party who did not write the
contract.  Thus as long as the contractor can come up with an argument that
does not cause the judge to gag, the contractor wins.  Because the argument
for zero tolerances is impractical the courts would not enforce this
option.

The question of what you can force the contractor to do is a function of
three things:
---What does the contract say.
---How much support you have from the Owner.
---Whether the contractor is making a profit.

If the issue of tolerances is not addressed in the specifications your
chances of sucess goes way down.  The ways we minimize our risk includes
producing tight contract documents, maintaining the support of the Owner as
well as our client, and by treating the contractor fairly so that he has a
chance to make a profit.  



Mark Gilligan

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