Question

Strength of Material

for Part A, determine who is liable for the flood and why. Be sure to show all your reasoning and describe how and why the specification may determine which party is liable. See Lectures 8-12 or Chapters 31 and 32 in the book.

GBS sued to recover the balance due under a contract with the federal government to build a dry dock at the Brooklyn Navy Yard according to plans and specifications the government prepared. The work required GBS to relocate a sewer main. The specification of work was created by the federal government and specifically prescribed the dimensions, material and location of the section to be substituted. In addition, the federal government provided all drawings to GBS. GBS completed there location by exactly following the specification that was specified by the federal government.About a year a later, a heavy rain and high tide caused the sewer relocated by GBS to overflow before the dry dock was completed, causing the excavation of the dry dock to be flooded. Ani Investigation revealed that an existing internal dam had diverted the water into a portion of the sewer that overflowed into the dry dock. The internal dam was an existing feature but was not shown on the plan and specifications the government gave to GBS. GBS and the federal government each claimed the other was responsible for the flood. Eventually,the government canceled GBS's contract and completed the work with a replacement contractor.At the time the contract was canceled, GBS was not fully paid.


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