Impact
Hammer / Hoe
Ram - Failure to Rely on Indicated Conditions
---on behalf of the owner---
What happens when your consultant misrepresents the indicated conditions of a
contract you are bidding?
"Manhattan
Schist" or the schist in Manhattan (regardless of what it is called) of New
York City is known to contain both gneiss and schist continually alternating
within centimeters, contrary to the testimony of the contractor's expert, Charles
Merguerian. Merguerian's report and testimony contradict his own
publications. Manhattan schist has more than a 100 years of construction history
and experience, it is hard and massive, as illustrated in the tunnel
below...... and
weathered only near the top of rock and along shear zones.
A contractor failed to
examine the massive nature of the Manhattan Schist rock as illustrated by the project's massive
core..................
the high RQD reported in the
rock core borings,
and warnings of massive rock
by contractor's own
engineer.
Despite all of this
evidence, the contractor claimed he expected to easily and at a high rate
of productivity comminute the
rock with an impact hammer.
He was not very successful as
illustrated here...
The
contractor's expert, Charles Merguerian provided a report entitled:
"Petrographic
Analysis for Rock Mass Characterization"
in an attempt to indicate that the
encountered rock was gneiss rather than schist and therefore more massive than
indicated by the well-known term of "Manhattan Schist". It
is impossible to characterize this rock mass....
through a
microscope ! ! ! ! ! ! ! ! ! ! ! ! !
Needless to say, the
Disputes Review Board found against
Merguerian's
theories.
For
more details click here.
OWNER CLIENT PREVAILED
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