Exam Construction-Manager Topic 1 Question 62 Discussion

Actual exam question for CMAA's Construction-Manager exam
Question #: 62
Topic #: 1

A dispute arises during construction after the contractor encounters what they feel is unsuitable material. The CM is not notified about the areas of concern, and the contractor hauls 10.000 cy of material offsite. Three months later, the contractor submits a claim for additional cost to haul the material off. The CM should advise the owner that

A. the owner should pay for the haul. B. the claim is not valid because the contractor failed to provide timely notice. C. the owner should pay the claim due to lack of owner information. D. the owner should pay 50% of the haul since the contractor did not notify the CM first.

Suggested Answer: B Vote an answer

Under theCMAA Construction Management Standards of Practice, Chapter 6 - Contract Administration, claims must be evaluated based on compliance with contract notice and documentation requirements. CMAA guidance states:
"A contractor's failure to provide timely written notice of differing site conditions or changes may invalidate the claim, as the owner and CM must have the opportunity to verify and mitigate the condition." Because the contractor did not notify the CM or owner at the time the unsuitable material was discovered, and instead acted unilaterally, the claim does not meet the contractual requirements for timely notice. Therefore, the CM should advise the owner that theclaim is not validdue to the contractor's failure to comply with notification procedures.
References:
CMAA Construction Management Standards of Practice, Chapter 6 - Contract Administration, Section:
"Claims and Disputes Management," pp. 65-67.
CMAA CM Study Guide, Contract Administration Domain, Objective 6.4: "Evaluate claims for compliance with notice and documentation requirements."

by Howar at Jul 14, 2026, 08:50 AM

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