Contract and Project Management Flashcards

Which method of delay analysis compares the as-planned schedule to the as-built schedule to identify and quantify project delays?

Answer: As-planned versus as-built analysis

As-planned vs. as-built analysis overlays the planned schedule against actual performance to identify where delays occurred and who caused them.

A general contractor's subcontract requires 14 days advance written notice before filing any claim for additional compensation. The electrical subcontractor fails to provide this notice. What is the typical legal result?

Answer: The subcontractor's claim may be barred entirely as a result of failing to comply with the notice requirement

Contractual notice provisions are frequently enforced by courts, and failure to provide timely notice can result in waiver of the underlying claim.

Under a construction contract, what is 'concurrent delay'?

Answer: When owner-caused and contractor-caused delays occur during the same time period

Concurrent delay exists when both the owner and contractor contribute to delay during the same period, which can limit the contractor's ability to recover time and money.

What is the function of a 'no damage for delay' clause in a construction contract?

Answer: It prevents the contractor from recovering monetary compensation for delays caused by the owner

A no damage for delay clause limits the contractor's remedy for owner-caused delays to time extensions only, barring monetary compensation for delay costs.

On a public works electrical project, a contractor discovers unmarked underground utilities not shown on the plans. Under most standard contract provisions, this qualifies as a:

Answer: Type I differing site condition, potentially entitling the contractor to additional compensation

Unmarked utilities differing materially from what the contract documents indicate typically qualify as a Type I differing site condition, entitling the contractor to additional time and money.

What does 'total cost method' refer to in construction claims, and why do courts disfavor it?

Answer: Calculating damages as the difference between total costs incurred and the contract amount; disfavored because it assumes all cost overruns are the owner's fault

The total cost method assumes the contractor bid correctly and all cost overruns are owner-caused, which courts distrust because contractors may have underbid or caused some overruns themselves.

When an electrical contractor performs work that turns out to be outside the contract scope but does not obtain a signed change order, which legal doctrine may still allow recovery for the reasonable value of that work?

Answer: Quantum meruit (unjust enrichment)

Quantum meruit allows recovery for the reasonable value of services rendered even without a formal contract modification, preventing unjust enrichment of the owner.