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#65:  Unjust Enrichment Recovery for Verbal Change Orders

NH Construction Law

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Section 7.2.1 Should he suspend work, and risk being in breach?

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Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context. In the legal world, words have meaning.

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Are Change Orders Really Comprehensive and Final?

Construction Dive

By Bruce Jervis In some ways a change order is a snapshot of a project at one point in time. But a change order usually states it constitutes the entire agreement regarding the modification; the parties waive the right to additional time or money. The change order purports to be comprehensive and final.

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Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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Construction Claims Negotiations - Develop a Strategy

Construction Dive

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Read more.'

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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Should Design Professionals Be Guarantors of Code-Compliant Design?

Construction Dive

By Bruce Jervis Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. ” At the insistence of code enforcement, the public project owner was forced to make a change in the construction contract. .”

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