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Your client wants to add a swimming pool to their project after the contract is signed. The pool work will cost $35,000 and extend the project by 3 weeks. The contract has liquidated damages of $500 per day. How should this change order be priced?

Correct Answer

D) $35,000 plus time extension with no additional liquidated damage exposure

Owner-requested changes that extend the project timeline typically include time extensions that relieve the contractor of liquidated damages for that period. The contractor shouldn't bear delay costs for owner-initiated changes.

Answer Options
A
$35,000 plus $10,500 for potential liquidated damages
B
$45,500 total with no time extension
C
$35,000 (pool cost only)
D
$35,000 plus time extension with no additional liquidated damage exposure

Why This Is the Correct Answer

When an owner requests a change order that extends the project timeline, the contractor is entitled to both the cost of the work and a time extension that relieves them from liquidated damages during the extended period. This is standard contract law - contractors shouldn't be penalized with delay damages for owner-initiated changes. The $35,000 covers the pool work cost, and the time extension protects against liquidated damage exposure for the additional 3 weeks.

Why the Other Options Are Wrong

Option A: $35,000 plus $10,500 for potential liquidated damages

This incorrectly assumes the contractor must pay liquidated damages for owner-requested changes. The $10,500 calculation (21 days Γ— $500) represents potential damages the contractor would face, but owner-initiated changes typically include time extensions that relieve this exposure.

Option B: $45,500 total with no time extension

This approach denies the time extension that should accompany owner-requested scope changes. Without a time extension, the contractor remains exposed to liquidated damages for delays caused by the owner's additional work requirements.

Option C: $35,000 (pool cost only)

While the pool cost is correct, this option fails to address the critical time extension needed. The contractor requires protection from liquidated damages during the 3-week extension period caused by the owner's scope addition.

Memory Technique

Remember 'Owner Orders = Time Extension Protection' - when the owner adds scope, they also add time without penalty to the contractor.

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