- The trench is not explicitly included in the list of equipment that should wear the Rollover Protective Device, but as it 's heavy equipment like the others, it could be considered for wearing the Rollover Protective Device.
- As the Rollover Protective Device is a device for the operator’s safety, may be required by the owner based on the general clause of OSHA.
- All work performed up to the time the problem emerged must be paid by the owner.
- The parties must try to make an agreement before taking any decision, if they agree to use the rollover trench device, then the contractor will use and apply additional charges to the owner making an amendment, or a change order.
- The owner could sue the contractor based…show more content… 2. - Depot could argue that the owner presented the borings information in good faith, but not necessarily the data presented were conclusive, and the conditions under the floor vary much from one point to another, an that’s why their results were so different from the owner’s.
- The owner could argue that their study was broad enough to cover the work area and the differences between their results and those of Depot should not vary more than 25% which is a reasonable tolerance, but getting more than 5 times the expected result puts in doubt the veracity of their results.
- I think the owner must pay Depot under the contract, since the conditions on the ground can vary greatly from one point to another and this makes their data inconclusive, in addition to inviting contractors to make their own research was accepting that the results would not necessarily be the same as obtained. This is a Type 1 Subsurface Condition, and as they doesn’t specify in the contract that variations should be within the range of 15 to 25%, then the clause was covering any variation, so that the results of Depot are covered and must be compensated according to the contract anyway. It should be noted that the owner is responsible for the risk of subsurface conditions.
- This problem could be avoided with the use of more modern equipment for the study on the ground that could provide more detailed