Suppose you were awarded a contract to reroof a local high
school. Plans and specifications were prepared by an architect
retained by the school district. The specifications called for
removing the existing built-up roof system and underlying
insulation down to the poured concrete deck and installing new
tapered polyisocyanurate insulation with a minimum of 1/8-in-12
(0.6-degree) slope and a modified bitumen roof membrane. The job
proceeded without incident, and progress payments were made.
At the project's conclusion, following spring rains, several
areas of ponded water were apparent on the roof. The punch list
required elimination of ponded areas. You request a change order be
issued to cover the costs of constructing crickets. Because
crickets were not called for in the original plans and
specifications, you believe you are entitled to a change order. The
architect and school district refuse to issue a change order or
make any further payment until the ponded water is eliminated.
The school district believes it is entitled to a roof without
ponded water, particularly given the specification requirement that
the contractor install tapered insulation with a minimum slope of
1/8-in-12 (0.6 degree). Your response is that you bid a tight job,
installed exactly what had been specified and were not responsible
for the ponded water that must be a result of roof deck
irregularities. The school district writes you a letter stating
that if you do not proceed to eliminate the ponded water within
seven days, it will terminate your contract and retain another
contractor, at your expense, to correct the problem.
Are you liable? Can the school district require you to eliminate
the ponded water? Are you entitled to receive final payment? Would
you be liable for the amounts paid by the school district to
another contractor to...
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