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Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.
This second edition is the essential guide to handling the critical area of change orders for the construction industry. It shows contractors what they need to do when clients make changes in a building project. Comprehensive information about how to identify and assign costs to all added components, back up their prices, document their findings, negotiate and resolve change order disputes to their advantage, and much more. Valuable tips on finding attorneys and key consultants to help win in court when all else fails and dozens of ready-to-use tools--sample forms, word-for-word letters and checklists--to save contractors time and work are also included.
Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an and“extraand”and—or is it included within the scope of the basic contract price? When does an ownerand’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractorand’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more!
Written by an award-winning author, this valuable reference includes a complete example of a typical change order, and covers the entire subject thoroughly from the contractual basis for change orders, to legal considerations, impact on the schedule, cost of time, documentation, subcontractors, potential impacts of change orders, and more. 80 illus.
This valuable reference, edited by one of the most respected names in construction law, presents the modifications and alternative clauses used by experienced attorneys in changing the most frequently discussed and controversial sections of the standard forms. In presenting selected alternative contract clauses to the AIA contracts, this book addresses the concerns of owners, developers, contractors, subcontractors and others who wish to supplement of modify the standard forms, and provides a complete rationale for each suggested modification. Attorneys for the various parties, on a variety of construction projects, can now easily shift project risks and liabilities to better project client interests by employing proven alternative clauses for contracts between owners and architects, and owners and contractors are included, and certain improvements to AIA's cost-plus construction contract forms are presented. the outstanding contributors to this work also address payment disputes that delay damage issues and other frequently contested and amended 'hot spots.' the most comprehensive sourcebook of its kind, Alternative Clauses to Standard Construction Contracts points up the benefits and limitations of each clause as seen from the standpoint of each party involved.
Federal Construction Law for Construction Professionals Any firm intent on benefitting from the boom in federal government construction contracts must navigate an increasingly complicated and demanding set of laws, regulations, and practices that govern these projects and the contractors performing them. To help guide you through this maze, here is the updated edition of the easy-to-understand guide to the practical reality of these special requirements, and how managers and owners of construction industry firms can use them to effectively avoid pitfalls on current projects and compete successfully for new projects. Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition walks the reader through actual federal contracts, highlights critical clauses, and simplifies governmental and legal jargon to provide ease of use by the nonlawyer. Updates to this Second Edition include: Coverage of the newly enacted American Recovery and Reinvestment Act of 2009 Specifics of federal government grants to state and local public construction contracts New insights on Design-Build, Early Contractor Involvement (ECI), BIM, Green Construction, and Web-based project management techniques used by the federal government A revised look at the increasingly detailed business ethics and compliance program requirements for contractors and subcontractors as mandated by the federal government for its contractors A unique Web site at www.wiley.com/go/federalconstructionlaw provides the user with a Table of Acronyms and Terms commonly found in federal government contracts, an extensive list of Web sites of interest to federal government construction contractors, checklists, sample forms, as well as specifications related to innovations in project delivery By making transparent the many rights, risks, and legal responsibilities involved in a federal government construction project, Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition provides construction industry professionals from general contractors, subcontractors, and designers to surety bond agents with the insight and understanding they need to avoid problems and run a successful project from start to finish.
Presents tools and techniques for resolving construction claims. This book features case studies and examples of damage calculations, and gives guidelines for the proper documentation of a dispute. It explains how to decide on the best course of action to settle each claim.