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Notice Requirements (NR): Necessary? The contractor notify the government promptly when encountering DSC ______ the conditions are disturbed Lack of notice (LoN) can be fatal to a DSC because (LoN) can ______ the rights of the government by denying / precluding the opportunities to 1) verify a DSC; 2) direct course of action.

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An Example: Clause 1(DSC): additional compensation for DSC Clause 2(Disclaimer): the subs ______ on the boring logs Court: DSC takes precedence

Missing DSC can be dangerous: No right of ______ unless a differing site conditions exists Thus, the right to relief based on DSC is not an ______ right:Inexperienced contractors may assume to receive extra cost and time automatically – however, courts place the risk on contractors given the absence of the DSC clause

MULTIEMPLOYER WORK SITES DEFINED by OSHA Four categories of employers______ employer.______ employer. ______ employer. ______ employer.

No-damages-for-delay clauses (NDD) Limited to an EOT but no cost adjustment EVEN in instances where the owner’s acts or failure to act (An ______ clause) Judicial attitudes on NDD: mixed

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