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<br /> <br />Nelson. Whatever the issue is here, I find that persons were <br />available to the contractor in the most favorable manner possible <br />at all times and that the owner was not negligent. <br />#7 <br />The State failed to inspect the work promptly as required bathe <br />General Conditions 1993 #30 Acceptance and Final Payment. The <br />contractor claims the works the work was completed on July 12th. <br />but not inspected until July 25th. <br />This claim makes no mention if the notice of completion and the <br />completion of work is one of the same, which in this case may not <br />be relevant. A copy of the hand written inspection report made <br />by John Nelson was included with this appeal. This report <br />indicates that it was completed on July 20, 1994 and turned in on <br />July 25, 1994. The July 20, 1994 date appears twice on this <br />report. Based on the hand written report, I believe the <br />inspection was made on July 20th. It is my opinion that the <br />inspection was completed within the specified time and that the <br />written report was not typed up until July 25th, henceforth the <br />discrepancy. <br />The contractor then goes on to explain that due to delaXs in <br />inspecting the work, some work had been covered u~ <br />This issue is addressed later on in a claim for monetary damages. <br />The drainage ditch in question was excavated by hand and it was <br />determined that the ditch was improperly shaped and that the only <br />existence of riprap was completely inadequate most of which was <br />on the side with very little in the bottom. That which was found <br />on the bottom appeared as material that might be expected as <br />native to the immediate area. In other words it appears to have <br />been material that was exposed during the shaping process. Based <br />on the fact that the finished product was investigated to the <br />extent mentioned appears that time of inspection is less relevant <br />than the satisfaction of the work completed. <br />#8 <br />The State has also failed to advertise for the final settlement. <br />as required by the General Conditions 1993 #30. <br />