Steel Pipe and Steel Objects Sample Clauses

Steel Pipe and Steel Objects. Nor has plaintiff proved by preponderant evidence that the pipe and other steel objects encountered by the dredge constitute a differing site condition. The Contract expressly identifies “pipe” as “an obstructive material which may be encountered during dredging operations.” JX 2 (Specs.) at 117, ¶ 3.4.4.2. Further, when preparing plaintiff’s bid estimate, Xx. Xxxxxx anticipated that plaintiff’s dredge would encounter “typical types of trash [such as] metal debris . . . a lot of [which] is from dredge and barge work,” as well as “large pieces of metal.” JX 98A (Xxxxxx Dep.), at 222:19–22. Therefore, the pipe and other metal objects encountered by the dredge in the reach of the Houston Ship Channel covered by the Obstructions #1 Claim were not reasonably unforeseeable63 (with the exception of the Conex shipping container and dredge xxxxx swivel assembly, as noted above). Because such obstructions were both represented in the Contract documents, and foreseeable by the contractor, plaintiff cannot establish that the pipe and steel objects constitute a Type I differing site condition.
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