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Utility Damage

During excavation/backfill, the Contractor inadvertently and unknowingly broke a sanitary service. Shortly afterward this was discovered by the Owner and the Owner completed repairs themselves without notifying the Contractor. Now the Owner wants to charge the repairs to the Contractor. The Contractor admits fault, but they refuse to pay the charges saying that they were not provided the opportunity to complete the repairs themselves. Section 4.3 of the GC's is a little ambiguous in this regard. Is the Contractor correct in this instance?

Chad Beaulieu

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