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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.
In recent years, there have been many changes to the construction industry's standard form contracts, including the American Institute of Architects (AIA) and Engineer Joint Contract Documents Committee (EJCDC) documents. Additionally, a new family of contract documents, known as Consensus DOCS was created by agreement among various construction contractor, subcontractor, owner, and surety trade associations" " "Alternative Clauses to Standard Construction Contracts, Third Edition" provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors. While it is absolutely essential to stay current with these standard agreements, it is imperative that everyone involved in negotiating and drafting construction contracts also have access to practice-proven modifications that strengthen the language on behalf of clients. If the other parties to your agreement have access to this book--and you don't--you're placed at a significant disadvantage every step of the way. Let the experts from Smith, Currie & Hancock provide you with invaluable support when negotiating or drafting construction contracts.
"Construction Change Order Claims, Fourth Edition, discusses each aspect of every type of change claim and clarifies issues of entitlement as well as factual and legal causation. It provides a step-by-step framework for analyzing the contractual remedy-granting clause in any construction contract. Covering typical clauses, construction change directives, and changes resulting from ambiguous specifications, a clear path to developing a theory of recovery emerges"--