Contract Breach - question

This question is from Pmzilla tough question ( Admin  I hope you dont mind that I post it here )



While controlling procurements, you have found that contractor used iron pipes to do the project work, while the contract clearly states that copper pipes are to be used. The contract work is almost nearing completion and ther eis no way for you to recover this loss and has put your project in jeopardy. what will you do ?


A ) Ask the contractor for explanation and give a new estimates and completion dates

B ) File a material breach against the contractor

c ) Use integrated change control process to submit a change request for using iron pipes instead of coppers pipes

d) Contractor has breached contract terms and you should check with contract administrator on retainage clauses.


Answer is B

I was wondering why D is wrong, to me D sounds like B but better?

It cant be D because:

Retainage is a portion of the agreed upon contract price deliberately withheld until the work is substantially complete to assure that contractor or subcontractor will satisfy its obligations and complete a construction project


I will file a breach as he has used some other material inspite of being mentioned....why would I still withhold money untill he completes and that too with some other material.

The project is coming to completion so i will file a breach


Hope that helps!







thanks it help