Question $7$: Imagine a case in which a subcontractor, working under a prime contractor, is engaged on a project for the federal government. The subcontractor believes that acts or omissions by the government have caused it to incur additional costs, and it wants the prime to sponsor its claim against the government. The prime agrees to do so but it insists the sub sign an agreement $($which it calls a $$Claim Prosecution Agreement$)$ stating that the prime is not responsible for sub$$s extra costs and that sub agrees not to pursue the prime for those extra costs. What will the Contracting Officer do if she adheres to the $$Severin Doctrine$?$

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Question $8$: Imagine a case in which a contractor is hired by the federal government to install corrugated metal pipe $($CMP$)$ in a $4-$mile$-$long tunnel. The project specs require the pipe to be secured in the tunnel by pumping cellular grout $($concrete$)$ through port holes in the pipe, to fill the annular space between the outside of the CMP and the existing tunnel walls. The government supplies the CMP and specifies the grout to use. During performance, the contractor discovers that the CMP supplied by the government is flimsy and is extremely difficult to secure in place, and its costs of work increase far beyond what it initially expected.

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a$)$ Is the Severin doctrine relevant here?

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b$)$ Is the Spearin doctrine relevant here? And if so$,$ should it be applied?

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Question $9$: What types of contracts does the UCC apply to$?($Note: The UCC is more broad than we$$ve discussed in class, and applies to some contracts we have not discussed, which are not especially relevant to construction. I$$m asking about the types of contracts we$$ve discussed in class, that would be relevant to construction. In other words, Google will steer you wrong on this question.$)$

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Question $10$: What is one difference between a UCC contract and a contract formed under $$traditional$$ contract principles?

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Question $11$: What is a type $2$ Differing Site Condition? What are some examples?

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Question $12$: Contractor agrees to dig a tunnel. Plans and specs from owner show some water in the soil where the tunnel will be located. Contractor begins performance, but there is more water than anticipated. Does contractor have a valid DSC claim? Why or why not?

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Question $13$: Can a contractor sue an owner$-$engaged design professional for defects in the plans or specifications?

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Question $14$: Imagine a situation in which an owner of a home goods store is facing business trouble, and is in significant debt. He hires his best friend, a contractor, to renovate the store front.$$ As the renovation project is nearing completion, the owner decides he$$ll declare bankruptcy. Although he knows most of his creditors will get nothing, he wants to make sure his contractor friend gets paid. With the last $$10,000$ in his business account, he pays his contractor friend the full and fair amount due on her final invoice.

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The next day, the owner files for bankruptcy on behalf of his store. A month after that, the contractor friend gets a letter from the bankruptcy trustee, demanding return of the $$10,000,$ plus $$5,000$ that had been paid $30$ days prior. The contractor friend calls you and asks if she actually has to give the money back. What questions do you ask? What do you tell her?