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Most construction projects have changes, variations and delays. Due to insufficient knowledge contractors often don't claim their time and costs resulting from these events, or, their claims end in protracted and expensive legal battles.This easy to read book demystifies the claims processes ensuring entitlements are claimed. Learn when you can claim, how to make claims compelling, and the supporting documentation required to win. Your eyes will be opened to numerous events, costs and impacts. Knowing some of these tips could dramatically improve profits and avoid time consuming acrimonious disputes.Also included is advice for contractors to avoid and defend claims from employers and subcontractors.Ensure you're granted the time and costs you are entitled to by submitting winning claims.
State-by-State Guide to Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce 'pay-if-paid' and 'pay-when-paid' contract clauses in your jurisdiction? is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, The State-by-State Guide to Construction Contracts and Claims offers expert explanations and analyses of the full range of contract and claim topics.
State-by-State Guide to Design and Construction Contracts and Claims, Second Edition provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce andquot;pay-if-paidandquot; and andquot;pay-when-paidandquot; contract clauses in your jurisdiction? Is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? Is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, the State-by-State Guide to Design and Construction Contracts and Claims, Second Edition offers expert explanations and analyses of the full range of contract and claim topics.
Demystify complicated construction claims with this indispensable guide Given how common complex claims have become in the modern built environment, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects and Engineers is an absolutely critical addition to the library of any construction professional. Written by William J. McConnell, PE, JD, MSCE, CDT, a celebrated lawyer, author, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author's straightforward 9-Step method helps readers avoid costly dispute resolution fees by: Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, and weather delays Offering procedures for calculating delay impacts through forensic scheduling analysis Defining, in detail, four simple ways to prove damages Throughout, relevant case studies are used to illuminate the principles found within and bring life to the concepts the author introduces.
Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.
Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.
Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.
Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.
A practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.