An Engineer Rebuts a Contractor's Charges of Unfair Contracts

by Sidney Zecher, (M.ASCE), Consulting Engr.; Chestnut Hill, Mass.,


Serial Information: Civil Engineering—ASCE, 1975, Vol. 45, Issue 10, Pg. 75-77


Document Type: Feature article

Abstract: An engineer responds to the article, Are Construction Contracts Fair, (CE, May, 1975) by contractor George A. Fox and lawyer Max E. Greenberg. Engineers should not be given additional responsibility, argues the present author, for design of temporary construction features; and that so doing will create additional costs during competitive bidding without lessening the incidence of litigation. This author examines the basic rationale for exculpatory clauses and offers point-by-point analyses of proposed modifications suggested by Fox and Greenberg. The basic questions are: What will these changes cost? How will they benefit the owners of public works—

Subject Headings: Construction | Contractors | Contracts | Excavation | Litigation | Tunneling | Tunnels

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