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Defective Contract Documents

Other posts on Defective Contract Document Claims include:

Contractor Reliance

Owner Damages Claims

There are two categories of defective contract documents:

1. Impossible plans and specifications; and,
2. Defective plans and specifications.

Contract plans and specifications are considered impossible when they impose unattainable or impossible requirements upon the contractor, even though the unattainable requirements may ultimately be relaxed to permit performance. Such documents need not be impossible in a literal or physical sense; it is enough that, within the context of the contract, they are practically impossible or commercially impractical, or make consistent results impossible.

Documents may be defective, whether or not impossible, because of:

1. Design Errors and Omissions,
3. Incompleteness,
4. Inadequate details or descriptions,
5. Conflicts,
6. Incompatibility or inconsistency,
7. Insufficient legibility or coordination to permit satisfactory construction,
8. Un-usability, with normal production methods, of the particular materials and procedures specified,
9. Commercial unavailability of a specified item, or
10. Misleading provisions.

The issuance of an unusually large number or dollar volume of change orders may suggest that the plans and specifications were faulty and not based upon a fully conceived or developed design. However, change orders are a part of most projects and are not, in and of themselves, necessarily representative of a defective design or one that does not meet the design professional’s standard of care.

We also invite you to review a series of articles that Mr. Holloway wrote on Contract Documents That Lead To Changes, Change Orders, and Disputes for Wiley Law Publications and Aspen Publishers.


The Holloway Consulting Group, LLC
10885 W. Beloit Pl.
Lakewood, CO 80227
Phone: (303) 984-1941
Fax: (303) 716-0432
Email: hollowayconsultinggroup@gmail.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

Selected Pages at Disputes In Construction.com

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