1. An issue commonly dealt with in the construction industry is that of practical impossibility or commercial senselessness. Do you agree with the idea of allowing a contractor relief from the obligation of performance once such performance would become impractical due to the extreme expense the contractor would incur based on expenses not originally contemplated at the time of the contract? Or, do you feel that there should be every effort made to contemplate such expenses prior to and taken into account in executing the contract? What impact would bonds have on this type of situation?
2. Do you think liquidated damages provisions are fair? Should every type of excusable delay be included in a construction contract? Why or why not?