What is the process that is followed by the engineer after a claim has been made for differing site conditions under the EJCDC Standard General Conditions of the Construction Contract?
What will be an ideal response?
After a claim is made, under Paragraph 4.3(B) the engineer can review the
condition and determine whether the owner should obtain “additional
explorations and tests.” Under that paragraph, he advises the owner of his
findings and conclusions. If he concludes a change is required, he issues a
work change directive. But this does not guarantee price or time changes in
the contract. Under Paragraph 4.3(C), an equitable adjustment is granted
only to the extent that the condition causes an increase or decrease in the
cost or time. The inability of the parties to agree on the amount of
adjustment in price or time under Paragraph 4.3(C)(3) is a dispute that falls
into the disputes clause, Paragraph 10.5, under which the engineer plays
roughly the same role as does the architect under A201-1997.
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