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Construction Contract Standards
For the City of RPV, City of Bellevue, and Excerpts from a Typical Construction Contract:
- Determine the standard of care (SOC) required by each contract. Identify the section of the contract that defines the SOC. Is this standard of care heightened as compared to the ordinary professional standard of care? Explain your response.
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Construction Contract Standards
To determine the Standard of Care (SOC) in each contract, follow these steps for the City of Rancho Palos Verdes (RPV), the City of Bellevue, and the Excerpts from a Typical Construction Contract:
- Locate the SOC Clause: Each contract typically includes a section explicitly outlining the expected standard of care for contracted work. This might appear under sections titled “Responsibilities,” “Scope of Services,” “Quality of Work,” or similar. Identify the exact section and language specifying the contractor or professional’s obligations in each document.
- Analyze the Language: Look for phrasing that specifies the required level of skill and diligence. Contracts often use terms like “ordinary professional standard of care” or “highest standard of care.”
- Compare to Ordinary SOC:
- Ordinary Professional SOC: Generally implies that services will be provided with the competence expected from similar professionals under comparable circumstances.
- Heightened SOC: Some contracts may use phrases such as “highest professional standards” or require performance that exceeds typical industry standards, indicating a heightened SOC.
- Explain Heightened or Ordinary SOC:
- Determine if the SOC in each contract is heightened by comparing the contract language with standard industry expectations. For example, if the SOC clause mentions providing services to the “highest standards” or meeting “all applicable laws and regulations with utmost diligence,” this would imply a heightened expectation. Construction Contract Standards
- Provide reasoning, using specific language from each SOC clause, to explain whether the contract holds the service provider to a…