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« How to Prepare Daily Construction Reports | Main | USGBC Adds Building Performance Component to LEED Certification Process »

07/16/2009

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Can the contractor insert language into the agreement stating an exception in the case of a cumulative impact claim?

Yes, the contractor could have expressly reserved the right to a subsequent claim for cumulative impact. Many contractors have done this successfully. But the contractor in this case did not expect numerous additional work orders and had been told that would not be the case. The contractor had no reason to anticipate the need to reserve a cumulative impact claim. I guess the question becomes: Should a contractor, as a precautionary measure, always expressly reserve the right to a cumulative impact claim?

What is the case number of the case you are referring to?

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