Explain the difference between subjective and objective impossibility clauses. What will be an ...

Ans. to #1

With subjective impossibility a situation exists where the skill level of the contractor is not high enough for them to be able to accomplish the work. For objective impossibility no one would be able to accomplish the work because of a situation that arises that either destroys the work or that prevents the contractor from being able to complete the work. Examples of where this would apply include when a project that is being built is destroyed by an act of God, if a contractor is a sole proprietorship and the owner passes away, fraud was committed in relation to the contract by the other party, or the other party prevents performance or breaches the contract.

Ans. to #2

When a contractor is responsible for generating shop drawings or working drawings the contract should state that the contractor should check them for accuracy, and then the engineer will check them for accuracy, but the contractor is still responsible for performing work according to the contract.

Ans. to #3

Contractor warranty and guarantee clauses are confusing in that they may not have anything to do with the work or workmanship of the project and whether the contractor will repair defective work. Warranty clauses could be used to guarantee that contractors understand what is included in the work, or other statements of contractor knowledge.

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