|
| Title |
DIRECTOR OF PERFORMANCE TAKES HEAT
|
| Accession No |
00790610 |
| Authors |
Parvin, C |
| Journal Title |
Roads & Bridges
Vol. 38
No. 3 |
Corp. Authors
/ Publisher |
Scranton Gillette Communications, Incorporated ; PSA Group LLC
|
| Editors |
Matthews, D; Wilson, B; Gregorski, T |
| Publication Date |
20000300 |
| Description |
p. 12
|
| Languages |
English
|
| Abstract |
In Fru-Con Construction v. United States, the government contended that Fru-Con could not impose an implied warranty upon the government for damages resulting from overblasting because the government's specifications were performance and not design specifications. In its argument, Fru-Con pressed a new theory of recovery, stating that if the government specifies alternative methods of performance, an implied warranty arises that the desired results can be achieved employing either method. While noting that Fru-Con had accurately recited the proposition that "when the government provides alternate methods by which a project may be completed there is an implied warranty that either method will achieve the desired result," the court found it is nothing more than a restatement of a legal principle of limited scope. Essentially, the government warrants a prescribed method of performance against impossibility or commercial impracticability resulting from a defective design specification. The warranty of alternative methods, as contemplated in this case, should not be imposed if recovery is founded on a nonspecific performance-type specification that affords significant latitude or discretion. The author believes that state departments of transportation will increasingly use performance specifications because it limits their responsibility for claims. As evidenced by this case, such specifications create greater risk for contractors. |
| TRT Terms |
Construction ; Contractors ; Contracts ; Court decisions ; Design standards ; Legal responsibility ; Litigation ; Performance based specifications ; Risk management ; Specifications ; State departments of transportation |
| Subject Areas |
H11 ADMINISTRATION; H70 LAW; I10 Economics and Administration |
| Availability |
Scranton Gillette Communications, Incorporated Find a library where document is available
|
| TRIS Files |
HRIS |
| Database |
TRIS Online |
|
TRT
