Construction Claims
Table of Contents

CONTRACT CHANGES

OVERVIEW OF CONTRACT CHANGES
CHANGES IN THE WORK CLAUSES
CHANGES OUTSIDE OF THE GENERAL SCOPE OF THE WORK
FORMAL REQUIREMENTS OF THE CHANGES IN THE WORK CLAUSE
	"Written" Change Order
	Authority
WAIVERS TO THE FORMAL REQUIREMENTS OF THE CHANGES CLAUSE
	Contractor Notification
	Waiver of Contractor Notification
RECOMMENDATIONS TO ENSURE COMPLIANCE WITH FORMAL REQUIREMENTS
CONSTRUCTIVE CHANGES
	Defective or Ambiguous Contract Documents
	Performance Requirements/Hindrances
	Improper Rejection of Work
	"Or Equal" Conditions
	Owner Furnished Equipment or Materials
	Submittals
CHANGED CONDITIONS CLAUSE
RESPONSIBILITIES OF THE OWNER/CONTRACTOR UNDER THE CHANGES CLAUSE
	Notice
	Other Considerations
	Enhancing Contract Documents
IMPACT OF CHANGES ON UNCHANGED WORK
MITIGATING IMPACT
PRICING THE CHANGE
	Recovery of Costs
	Cost Components
	Pricing Philosophy	
	Substantiation of Cost	
RECOMMENDATIONS

CONSTRUCTION DELAYS

OVERVIEW OF DELAYS
CONTRACT TIME REQUIREMENTS
	Time is of the Essence
	Commencement of the Time Requirement
	Completion Dates
TYPES OF DELAYS DEFINED
	Excusable Delays
	Excusable/Non-Compensable
	Excusable/Compensable
	Non-Excusable
	Concurrent Delays
	Impacted Work (Serial Delay)
TIME EXTENSIONS
	Delays Clause
	Contract Language Supplementing the Delays Clause
SCHEDULE REQUIREMENTS
	Use of Schedules
	Schedule Requirement Considerations
	Schedule Submittal Verification
	CPM Schedules
	Updating and Revising Schedules
	Role of Schedules in Delay Analysis
NO DAMAGE FOR DELAY CLAUSE
SUSPENSION OF THE WORK CLAUSE
DELAY RELATED CONSIDERATIONS
	Acceleration
	Early Completion
	Float Ownership
	Manipulation of the Schedule
DELAY DAMAGES - OWNER
	Liquidated Damage Provision
	Liquidated Damages Versus Actual Damages
	The Assessment Period
DELAY DAMAGES - CONTRACTOR
	Direct Costs - Impact
	Overhead Costs


CLAIM AWARENESS

OVERVIEW OF CLAIM AWARENESS
LIABILITY
	Scope of Liability
	Tort Liability
	Establishing Liability
CONTROL/INDEPENDENT CONTRACTOR RULE
CONTRACT INTERPRETATION
	Objective of Contract Interpretation
	Contract Interpretation Rules/Guidelines
INSPECTIONS AND ACCEPTANCE
	Inspections To Ensure Compliance With The Contract Documents
	Inspections Versus Acceptance
	Inspections Used to Substantiate Payment Requests
PAYMENTS
	Progress Payments
	Final Payment
WARRANTY
PROJECT DOCUMENTATION
	Meeting Minutes
	Daily Reports
	Photographs
	Submittal Logs
	Field Orders/Work Directives
	Change Order Log
	Change Order Files
	Bulletin Logs
	Correspondence/Transmittal Log
	Inspection and Test Reports	
	Schedule of Values
	Progress Payment Log
	Progress Schedules and Progress Reports
	Craft Utilization Records
RESOLUTION OF DISPUTES
	Mediation
	Arbitration
	Litigation
	Alternative Dispute Resolutions
	Negotiations
	Preparation for Negotiations