Constructors and material suppliers are frequently subject to material testing specifications. While many of the specified tests are quite precise and objective, some are surprisingly loose. Laboratory technicians, both in-house and independent, are allowed discretion in establishing testing procedures. To what extent can longstanding procedures establish trade custom, which in turn should be read into the testing specification?
In South Dakota, the state Department of Transportation was involved in a case that regarding a subcontractor’s testing procedures and whether or not they were appropriate based on industry standards of practice.
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