Legal aspects in state highway construction contracts

Date Issued
June 1, 1980
Author(s)
Stout, Jack E.
Advisor(s)
Orville S. Beard
Permanent URI
Abstract
The purpose of this study was to scrutinize the various legal aspects in a State highway construction contract. The contractual elements are the same as in a non-governmental contract except for one exception--the State is a sovereign entity. At first glance, this may imply that the State government cannot be sued. It is a fact, though, that the State can only be brought to court if so allowed and only under certain conditions as set out by them.

The primary means and procedures used in data assembly for this research involved an analysis of law cases relating to highway construction contracts in the various states of the United States. The main issue of the study involved the legalities of work and material "extras" and their compensation not anticipated in the contractual undertakings.

The major findings of the research were related to contract interpretation. That is, the contractor failed to understand the contract documents (plans, specifications, supplemental agreements, etc.) through his own negligence or through equivocating terms of the documents at the fault of the State.

Construction contracts should be prepared carefully and with great caution in order to decrease ambiguities that may arise. This will insure complete fairness to both contracting parties and hopefully reduce the number of litigations.

Since this study was conducted in Tennessee, certain provisions of their highway specifications are cited at the end of selected sections regarding the various topics covered.

Degree
Master of Science
Major
Civil Engineering
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Thesis80S868.pdf

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