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contributor authorH. Randolph Thomas
contributor authorGary R. Smith
contributor authorR. Martin Ponderlick
date accessioned2017-05-08T21:44:30Z
date available2017-05-08T21:44:30Z
date copyrightSeptember 1992
date issued1992
identifier other%28asce%290733-9364%281992%29118%3A3%28472%29.pdf
identifier urihttp://yetl.yabesh.ir/yetl/handle/yetl/61174
description abstractThis paper describes in a clear and understandable way the primary rules of law that are applied to construction contract disputes involving the misrepresentation of concealed or subsurface conditions. The rules are based on the judicial inquiries derived from more than 45 appellate court decisions. The rules are presented in the form of questions to be asked by contractors and contract administrators. The application of these questions should result in a correct determination of the dispute. The questions are organized in an easy‐to‐understand flow chart. The roles of the soil report and site visit and disclaimers clauses are also explained. The rules were tested using another 10 case decisions. The results show considerable consistency in the law and that the outcome is entirely dependent on the facts.
publisherAmerican Society of Civil Engineers
titleResolving Contract Disputes Based on Misrepresentations
typeJournal Paper
journal volume118
journal issue3
journal titleJournal of Construction Engineering and Management
identifier doi10.1061/(ASCE)0733-9364(1992)118:3(472)
treeJournal of Construction Engineering and Management:;1992:;Volume ( 118 ):;issue: 003
contenttypeFulltext


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