Heading 2 Subtitle \\Subtle Em.. Emphasis 1 Normal | 1 No Spac.. \\ Heading 1 Title Styles aragraph FACT SCENARIO B_\\(Questions 5-8): Geddy Construction (GC) has a written contract with Owner for the construction and renovation of a medical facility. The contract is divided into two phases. Phase I is for the construction of a new medical building. Phase II is for the renovation of an existing facility. GC is required to achieve substantial completion of Phase I within 540 calendar days. The contract does not establish a timeframe or deadline for the substantial completion of Phase II, nor does it expressly state that time is of the essence. The contract does, however, provide for liquidated damages in the amount of $1,500 per day in the event GC fails to achieve substantial completion of Phase I within 540 calendar days. Upon receiving notice to proceed from Owner, GC immediately mobilizes at the jobsite to begin construction. Although requested to do so, GC never submits a construction schedule to Owner. A drainage ditch runs across the site in the area where GC is supposed to construct the medical building. It is evident from GC's daily logs and other records that it first planned to divert all water flowing through the existing drainage ditch, fill the ditch, construct a suitable building pad, install concrete footings and the concrete slab, and erect the medical building. It begins to rain two days after GC starts work. The rain continues off and on for over 30 days making it impossible for GC to perform any work. After the site dries for another 15 days, GC requests a 45-day time extension from Owner. Owner refuses to allow the time extension, but does not expressly direct GC to accelerate its work. Question For GC to have a chance at a claim for constructive acceleration, which of the following is correct: Group of answer choices O There is no chance for a constructive acceleration claim. Such a claim would be denied outright because GC never submitted a schedule to Owner. GC might be entitled to a claim for constructive acceleration because it was entitled to time on account of the weather, and submitted its request to Owner, which was denied. Whether a claim would be successful would depend on whether GC actually achieved completion by the deadline and in doing so, incurred additional acceleration costs. O order. GC might be entitled to a claim for constructive acceleration because the Owner refused to give a change GC might be entitled to a claim for constructive acceleration because it was entitled to time on account of the weather, and submitted its request to Owner, which was denied. Whether a claim would be successful would depend on whether GC actually accelerated the work regardless of when it was completed. 5 X P o P hp