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Kaplan Final Exam Question

PostPosted: Sat Mar 22, 2014 8:09 pm
by Peng67uins
Number 22.

If the time schedule and the date of substantial completion for a project are established, all of the following are circumstances may justify time extensions for the contractor except.

a. more inclement weather than was anticipated.
b. occurrences of force majeure or an act of god.
c. delays by an independent trucking company in delivering necessary materials ordered by the contractor.
d. excessive time used by the architect to review product data.

answer is c.

but according to A201. 8.3.1 "if the contractor is delayed at any time in the commencement or progress of the work by an act or neglect of the owner or architect, or of an employee of either, or of a separate contractor employed by the owner; or by changes ordered in the work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the contractors control; or by delay authorized by the owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the contract time shall be extended by Change Order for such reasonable time as the architect may determine."

Cant one infer from that paragraph that c would be part of delay in deliveries? I know that weather isnt listed here but claims for weather delays are listed in paragraph 15.1.5.2 about "adverse weather" being "abnormal for the period of time". So is this question flawed or am I missing something?

Re: Kaplan Final Exam Question

PostPosted: Sat Mar 22, 2014 10:03 pm
by hnQ_9999
unusual delay in deliveries

Re: Kaplan Final Exam Question

PostPosted: Sun Mar 23, 2014 11:26 am
by Peng67uins
hnQ_9999 wrote:
unusual delay in deliveries


I knew there was something that I was missing. Thats what I get for trying to take the practice test late at night. Unusual would mean like delay caused by a strike or say a shipping container carrying the materials sank etc. Standard delivery delays are the contractor's problems and therefore would not be qualified for an extension of time. Thanks for helping make it clear.

Re: Kaplan Final Exam Question

PostPosted: Wed Apr 23, 2014 5:55 pm
by amyli
I got this one wrong too and feel like this is an odd question. How do we know that the delivery is unusual, it doesn't state in in the answer? And wouldn't excessive time used by the Architect be grounds for neglect? :roll:

~Amy