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the engineer inspected the concrete to make sure it was not
defective and had the right to reject it if it was. If concrete
was rejected, the party responsible assumed the loss. For
instance, if the supplier delivered defective concrete or did not
deliver the concrete to the site in time to lay it within 1 hour
of leaving the supplier’s plant, the supplier assumed the loss.
However, if petitioner failed to pour properly delivered concrete
in time, petitioner assumed the loss. The governmental entity
worked with petitioner and the supplier but ultimately held
petitioner responsible for any failure to meet contractual
obligations. Petitioner signed for the concrete after the
government’s inspector found it to be acceptable. The
government’s engineer gave permission to pour the concrete.
Thus, for instance, if permission was given and concrete was
poured, and then the concrete was damaged by rain before it
dried, the governmental entity assumed responsibility. For State
projects, the governmental regulation was so strict that
petitioner did not need to guarantee materials; if the State
allowed use of the materials, the State assumed responsibility
for defects. For city projects petitioner guaranteed some
materials, but the city would be responsible in some cases, for
instance if its engineer had advised petitioner to pour concrete
that was later damaged because of rain. During the 1990’s, 30 to
40 percent of petitioner’s work was for the State of Ohio.
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Last modified: May 25, 2011