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Specification Committee Agenda Item Details


Agenda Number: AGC 08-029
Topic: Damage to Utilities
Type of Action: Decision Required
Background Information: Section 105.03 currently provides that the contractor is responsible for damage to utilities. While that certainly is appropriate where the utilities are shown in the Contract or marked by the North Dakota One Call System, this should not be the contractor's financial responsibility absent such circumstances.
Suggested Solution: The contract language should be modified as follows: Damage to utilities [shown in the Contract and/or located by the North Dakota One Call System] shall be corrected at the Contractor's expense.
Decision: The Contractor is responsible to get reimbursed from the liable party.
Action Taken: Any actions, if any, to be taken on this item will be for the next comprehensive section 100 rewrite.