PART A Review the information below In 150300 words for Part

PART A:

Review the information below. In 150-300 words for Part A, determine who is liable for the flood and why. Be sure to show all your reasoning and describe how and why the specification may determine which party is liable. See chapters 31 and 32 in your book.

GBS sued to recover the balance due under a contract with the federal government to build a dry dock at the Brooklyn Navy Yard according to plans and specifications the government prepared. The work required GBS to relocate a sewer main. The specification of work was created by the federal government and specifically prescribed the dimensions, material and location of the section to be substituted. In addition, the federal government provided all drawings to GBS. GBS completed the relocation by exactly following the specification that was specified by the federal government.

About a year a later, a heavy rain and high tide caused the sewer relocated by GBS to overflow before the dry dock was completed, causing the excavation of the dry dock to be flooded. An investigation revealed that an existing internal dam had diverted the water into a portion of the sewer that overflowed into the dry dock. The internal dam was an existing feature but was not shown on the plan and specifications the government gave to GBS. GBS and the federal government each claimed the other was responsible for the flood. Eventually, the government canceled GBS’s contract and completed the work with a replacement contractor. At the time the contract was canceled, GBS was not fully paid.

Solution

As a whole, both the government department concerned and the contractor (the agency which was assigned the work) are responsible for the failure incurred. Government department didn\'t consider the possible effect of the existing dam which was an existing feature and was always there. In case of heavy flood, the water could have been diverted to the path where the sewer main was located. There could have been a joint study and coordination between the contractor and the government department (which is usually Public Health and Municipal corporation for such projects) and also between that government department and irrigation and water resources department which would have given some better alignment for the sewer main and thus could have avoided the damage to the sewer main alignment. The flood scenario is always a point to be kept in mind while designing these sewer mains. The Government agency could have asked for consultancies for better designing and risk management.