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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. It happens all the time!

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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

When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis. This Agreement becomes a part of the Contract when properly executed and approved.

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Better Manage Construction Costs Schedules and Quality

Job Order Contracting

The errors and poor processes result in change orders, project delays, and legal disputes. It is defined within and Lean environment government by a long-term multi-party agreement and associated written Operations Manual / Execution Guide. are all defined.

Schedule 163
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#66:  Labor Inefficiency Costs: Who Pays? How Much?

NH Construction Law

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v.

Lien 40
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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

project task/line item, a full description in plain English, a unit of measure and a corresponding unit price, including labor, material, and equipment details, and an associated approved contractor coefficient are to be the basis for Contractor compensation. This action will require a modification to the JO to reflect a change order credit.

Contract 100
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#89:  COVID-19 as a “Hazardous Substance” Justifying Delay or Suspension

NH Construction Law

For everyone’s protection, construction contracts often contain provisions for suspending work when a hazardous substance is encountered at a job site, with companion clauses governing extensions of time and extra compensation. The AIA’s popular A201 General Conditions (2017), for example, contains these provisions: § 10.3.1