Contract Administration Flashcards

An owner orders changes so extensive that the project is fundamentally different from what was bargained for. What is this called?

Answer: Cardinal change

A cardinal change goes beyond the scope of the original contract and can be treated as a breach.

Under AIA A201, the architect may order which kind of change without the owner's or contractor's agreement?

Answer: A minor change consistent with the intent of the contract documents and with no change in sum or time

A201 §7.4 authorizes the architect to order minor changes that do not affect the Contract Sum or Time.

An owner makes a contractor meet the original deadline despite excusable delays, and refuses to grant time extensions. What may the contractor claim?

Answer: Constructive acceleration

Constructive acceleration occurs when the owner forces faster work by denying time extensions the contractor is entitled to.

A public owner terminates a contract for convenience. What can the contractor typically recover?

Answer: Cost of work performed plus reasonable overhead and profit on that work

A termination-for-convenience recovery covers work performed and wind-down costs, not lost profit on unperformed work.

Soil conditions differ materially from the boring logs in the contract documents. What type of differing site condition is this?

Answer: Type I

Type I conditions differ materially from what the contract documents indicate; Type II conditions are unknown and unusual for the work.

What does the doctrine of contra proferentem require when a contract term is ambiguous?

Answer: It is construed against the party that drafted it

Ambiguity is resolved against the drafter, provided the other party's reading is reasonable.

Which clause passes the prime contract's obligations down to subcontractors?

Answer: Flow-down clause

A flow-down clause binds subcontractors to the GC in the same way the GC is bound to the owner.