A Contractor installs millwork on a project that does not conform to the requirements, but does exceed the quality specified in the Contract Documents. Upon review, the Owner decides to accept the work as installed. Which of the following statements is correct? Choose 2.
A. the Owner may not accept without issuing a construction change directive.
B. the Contractor may increase the Contract Sum by an appropriate and equitable amount.
C. no change in the Contract Sum is required as the Contractor has volunteered the better quality.
D. if the Owner accepts, removal and correction is not required.
E. if the work was discovered after final payment was made, the Contract Sum cannot be adjusted for this discrepancy.
Answers C. and D. are correct. The Contract Sum can only be reduced by acceptance of nonconforming work, which can be effected post final payment if not previously discovered. Refer to A201-2007 article 12, section 12.3.
are-review.blogspot.com
A. the Owner may not accept without issuing a construction change directive.
B. the Contractor may increase the Contract Sum by an appropriate and equitable amount.
C. no change in the Contract Sum is required as the Contractor has volunteered the better quality.
D. if the Owner accepts, removal and correction is not required.
E. if the work was discovered after final payment was made, the Contract Sum cannot be adjusted for this discrepancy.
Answers C. and D. are correct. The Contract Sum can only be reduced by acceptance of nonconforming work, which can be effected post final payment if not previously discovered. Refer to A201-2007 article 12, section 12.3.
are-review.blogspot.com
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