Under the typical CSI-aligned project delivery framework, additional time and money are generally justified when:
The owner (or A/E as owner’s agent) changes the work or otherwise causes delay (e.g., active interference, late decisions, design changes).
There are unforeseen conditions beyond the control of both owner and contractor, where the contract documents anticipated “normal” conditions instead.
Other compensable events defined in the Conditions of the Contract occur (e.g., certain force majeure events, if provided for).
However, the contractor is responsible for correcting defective or nonconforming work at no increase in contract sum or time (except where the defect is caused by others). CSI-based guidance on construction phase services and contract administration explains that:
Defective work (work not in accordance with the contract documents) must be removed, replaced, or corrected by the contractor at the contractor’s expense.
Any extra time and cost arising from correcting such defective work is not a valid basis for a change order or a claim for increased compensation or time extension.
If the contractor’s own documentation shows that the extra cost and time are due to defective work needing repair, the A/E has a clear basis—consistent with the Conditions of the Contract—to reject the claim. That aligns directly with Option D.
Why the other options do not support rejecting the claim:
A. Active interference by the owner – Owner-caused interference is typically a valid ground for a time and possibly cost adjustment, not grounds for rejection.
B. Conditions beyond the control of the contractor or owner – Unforeseen conditions are exactly the type of situation that may justify a claim, depending on the contract language.
C. The A/E modified the contract documents – A/E-issued changes (such as change orders or certain clarifications) often result in compensable changes if they add work or cause delay.
CSI-aligned references (no URLs):
CSI Project Delivery Practice Guide – Construction Phase and Claims/Changes discussions.
CSI Construction Specifications Practice Guide – responsibilities for defective work and changes.
CSI CDT Body of Knowledge – construction phase administration and evaluation of claims.
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