摘要: |
Understandably, higher-tier parties want lower tiers to have the broadest possible scope to flow down all risks. At the same time, it is equally understandable that lower-tier parties strive to define their scope of work carefully and strictly to better balance risks. Here, the sub reasonably tried to focus and define its scope of work, but its pre-agreement efforts were incomplete. In 2017, a public owner engaged a contractor to design and build a 2.5-mile elevated roadway extending an existing expressway. The project included two 15-ft lanes with inside and outside 6-ft to 12-ft shoulders supported by 60 piers, each with a foundation secured by four drilled shafts. The contractor engaged a designer who, in turn, engaged a subcontractor for geotechnical investigations. Several agreements created the chain of relationships and obligations: an RFP and prime contract between owner and contractor, a subcontract between contractor and designer, and a geotechnical subcontract between designer and subcontractor. Each lower-tier agreement attempted to incorporate terms and conditions of the higher-tier agreements. |