Question
Ollie Owner (O) contracts with Gerald's Contracting (GC) to construct a building in NY. O makes all drawings and specs for the job. GC contracts
Ollie Owner (O) contracts with Gerald's Contracting (GC) to construct a building in NY. O makes all drawings and specs for the job. GC contracts with Sam's Contracting (SC) to perform the excavation and foundation work for the building. SC relies on drawings and specs for his bid. O's drawings and specs states/gives a disclaimer, specifically stating that all contractors are to only use the drawing and specs as guidance, and must do their own due diligence before giving a bid. Additionally, SC does their site inspection and appropriate investigations before giving their bid. As SC is working, SC notices that there is an underground river flowing through the property, which was not in O's specs and nobody found. This is extremely unusual in nature and catches everyone off guard. SC notifies GC and O of the issue. SC claims that this is a differing site condition. Based on the facts, is it?
A. No, since the SC waive his right to any claims after he received his final payment.
B. Yes, this is a type 2 differing site condition
C. Yes, this is a Type 1 differing site condition.
D. No, O gave a disclaimer about the drawing and specs, and SC did their due diligence. Therefore, this was not unforeseen and SC should not recover on a differing site condition claim.
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