Managing Post-Construction Claims
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Construction is risky, know how to manage claims and resolve disputes.
Construction is inherently risky. These risks include unanticipated design changes, changed conditions, disputed additional work, and other unforeseen circumstance that can result in contractors incurring additional costs. It is essential for all parties involved to understand how these risks are assigned by your construction contracts and how to determine the party ultimately responsible for these added costs. This includes being able to measure the associated impacts (such as delays) and costs. This topic will cover these risks, identify the contract provisions that enable contractors to request additional compensation and a time extension (and owners to deny additional compensation and time), explain how to measure impacts and quantify costs, and discuss the alternate dispute resolution options available to the parties to resolve their differences.
AuthorsMark Nagata, PSP, CDT, Trauner Consulting Services, Inc.
• What Is a Claim?
• What Are the Three Parts of a Claim?
• What Is a Change?
• What Are the Different Types of Changes?
• Basic Contract Principles and Rules of Interpretation
• Key Contract Provisions Used to Demonstrate Entitlement
• How Can a Project Be Impacted?
• Measuring Delay
• Acceleration, Including
• Constructive Acceleration
• Methods to Calculate Costs
• What Are and How to Calculate Delay Costs?
• What Are and How to Calculate Inefficiency Costs?
• What Are and How to Calculate Acceleration Costs?
• When to Seek Assistance
• Resolution Before Litigation
• In Courts or Boards
• Alternative Dispute Resolution Options