Change order process leaves Boston Encore casino subs short more than $34M
Construction Dive
JULY 1, 2019
One electrical company claims it is owed $30 million in change orders from general contractor Suffolk Construction.
Tappan Zee Constructors sues New York to prove it's owed $900M in bridge construction change orders
Construction Dive
NOVEMBER 26, 2019
The construction consortium claims that the NY State Thruway Authority is dragging its feet on providing documents that show the drastic change orders made during construction of the new Governor Mario M. Cuomo Bridge.
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Pricing of Construction Claims and Change Orders
Construction Dive
DECEMBER 11, 2014
By Paul Levin Pricing of claims and change orders falls into two categories: forward pricing, where the price and time is negotiated before the work is done; and post pricing -- pricing and schedule adjustments made during or after performance of the work. Many different methodologies have been used to successfully price claims.
Tutor Perini, subsidiary accused of 'change-order scheming' in Pennsylvania I-83 project
Construction Dive
MARCH 3, 2020
A state senator is questioning $24 million in claims from Tutor Perini's Cherry Hill Construction, noting the project is two years behind schedule.
#65: Unjust Enrichment Recovery for Verbal Change Orders
NH Construction Law
MARCH 24, 2018
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?
Change Directive v. Change Order v. Construction Change
Best Practices Construction Law
APRIL 28, 2015
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.
The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims
Best Practices Construction Law
NOVEMBER 22, 2019
Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Don’t wait until the lawsuit or demand for arbitration before giving notice of your claim.
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What Happens When Change Order Procedures are Ignored?
Construction Dive
APRIL 3, 2013
By Bruce Jervis Construction contracts frequently contain detailed procedures for processing change orders. The change order procedure, which appeared so orderly and logical on paper, falls by the wayside. There are consequences, however, to ignoring the change order procedure.
Expert Offers Plenty of Advice on Change Orders and How to Avoid Claims and Disputes
Construction Dive
FEBRUARY 6, 2013
One of the steps that can be taken to minimize claims and disputes in construction projects is to determine early on what the markup will be on all change orders, Bryan Jackson, a partner in the Los Angeles office of Allen Matkins Leck Gamble Mallory & Natsis LLC, told professionals attending a webinar that WPL Publishing held late last month.
Are Change Orders Really Comprehensive and Final?
Construction Dive
NOVEMBER 18, 2012
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.
Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.
Best Practices Construction Law
NOVEMBER 26, 2019
In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.
Can Change Orders Jeopardize Bond Protection?
Construction Dive
DECEMBER 19, 2012
And those contracts authorize alteration through change orders. But what if the surety discovers that the change order process has radically altered the contract it originally agreed to cover? Is the surety discharged of its bond obligations? New completion deadlines were established for the subcontractor.
Identification and Notification: Key To Construction Claims Success
Construction Dive
SEPTEMBER 29, 2016
By Patti Wysocki Construction claims and changes are the bane of all construction projects. For any number of reasons, scope changes, design conflicts, changed conditions, severe weather, late submittals or late approvals, and potential change orders can be a daily occurrence on complex projects, and sometimes lead to claims.
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Texas Appellate Court Affirms Grant of Governmental Immunity From Suit Seeking Delay Costs
Constructlaw
NOVEMBER 2, 2022
The Texas Court of Appeals recently affirmed a ruling, granting the city of Conroe governmental immunity from a contractor’s lawsuit, asserting claims for breach of contract and violation of the Texas Public Prompt Pay Act. LEXIS 4824, 2022 WL 2720451 (Tex. July 14, 2022). The city awarded Triple B Services, LLP a $4.7 All rights reserved.
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Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Best Practices Construction Law
SEPTEMBER 25, 2020
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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Should Change Order Administration Be Recovered as a Cost of Contract Performance?
Construction Dive
OCTOBER 14, 2012
By Bruce Jervis While change orders are sometimes associated with contractor claims, the majority of change orders are initiated by project owners. Or, the owner may simply change its mind. Regardless of the cause, an owner request for a change order proposal is a cost for the contractor.
HVAC sub claims Skanska owes it $4M in change orders for New York medical center project
Construction Dive
NOVEMBER 19, 2019
A lawyer for Dynamic Systems said there's no ostensible reason for the GC to withhold pay unless it's in a dispute with the owner.
New in Autodesk Build: Product Releases to Check Out in the New Year
Autodesk Construction Cloud
JANUARY 24, 2023
By turning on new columns, users can now easily see the original SOV, change orders, and revised SOV to have a granular view of costs. Cost Management | Display Associated xCO Number in all xCO Table Views* Within all table views within the Change Order tool, users now have the option to display associated xCO numbers (e.g.,
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Expert Offers Advice on Cumulative Impact Claims
Construction Dive
DECEMBER 5, 2012
"But just because you have lots of change orders doesn’t mean that you are necessarily eligible for a cumulative impact claim. . "But just because you have lots of change orders doesn’t mean that you are necessarily eligible for a cumulative impact claim. . ” Read more.
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48 Construction Claims Negotiations - Develop a Strategy
Construction Dive
FEBRUARY 12, 2015
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.
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Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim
Best Practices Construction Law
NOVEMBER 4, 2015
When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Review change orders and correspondence.
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Autodesk Build Brings Multi-Currency to Cost Management
Autodesk Construction Cloud
NOVEMBER 17, 2022
With the release of Multi-Currency in Autodesk Build and BIM 360 Cost Management, teams can now easily manage supplier contracts, change orders, payment applications, and expenses in different currencies. . Taking it a step further, you also have insight into projected (unrealized) costs that have not yet been claimed.
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20+ Fresh Releases for Autodesk Construction Cloud
Autodesk Construction Cloud
JANUARY 24, 2023
By turning on new columns, users can now easily see the original SOV, change orders, and revised SOV to have a granular view of costs. Cost Management | Display Associated xCO Number in all xCO Table Views* Within all table views within the Change Order tool, users now have the option to display associated xCO numbers (e.g.,
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Using Daily Reports to Prove Construction Claims
Best Practices Construction Law
MAY 21, 2012
This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Admittedly, contractors can claim success when they devise a system that provides detailed reporting on days problems occur. Include work categories and/or cost codes.
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Pennsylvania Appellate Court Affirms Dismissal of In-State Subcontractor’s Suit Against Out-of-State General Contractor for Lack of Jurisdiction, Despite “Long-Term and Ongoing Contractual Relationships”
Constructlaw
MARCH 1, 2022
While their contracts required submitting change orders in writing, the parties established an informal process whereby LifeCycle would verbally issue change orders, and Bean Sprouts would perform the work and submit invoices for payment. The trial court agreed and dismissed Bean Sprouts’ complaint without prejudice.
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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee
Constructlaw
JUNE 17, 2022
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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Consultants Discuss ‘Big Problems’ Involving Productivity in Construction Projects
Construction Dive
AUGUST 20, 2014
During WPL Publishing’s recent “Pricing, Preparation, Support and Analysis of Lost Productivity Claims” webinar, presenter R. ” Read more.'
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An Introduction to Job Order Contracting
Job Order Contracting
APRIL 15, 2018
Change orders easily increased project costs by 50% or more, and claims and litigation were the norm, versus the exception. JOC contractors strive for: • Fast Delivery • High Quality • No Change Orders • No Warranty Hassles • Maximize budgets. 8-22% of project costs were being consumed in design and procurement.
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100 LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract
Best Practices Construction Law
JUNE 24, 2016
” Second, claims succeed or fail based upon the documentation. Whether you are talking about the formation of a contract, the validity of a change order, or the supporting evidence for a delay claim, the documents are key to either winning or losing. Are change orders being discussed by text?
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Should Design Professionals Be Guarantors of Code-Compliant Design?
Construction Dive
APRIL 9, 2014
.” At the insistence of code enforcement, the public project owner was forced to make a change in the construction contract. The owner sued the architect to recoup the cost of the change order.
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The imperfect world: The ethical boundaries
Construction Marketing Ideas
FEBRUARY 26, 2015
He’s done much business with the organization over the years, but recently a change order claim went totally wrong. The contractor says he understands in some cases change orders can occur for reasons where responsibility may be murky or caused by the contractor’s own actions.
Is It Feasible to Recover Cumulative Impact Costs?
Construction Dive
AUGUST 6, 2015
And, of course, there are questions of causation or responsibility for the various delays.Adding to the complexity of cumulative impact claims are contract clauses requiring prompt written notice of changed or delayed work, along with quantification of increased costs.
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Is Arbitration Always an Efficient Way to Resolve Disputes?
Construction Dive
OCTOBER 1, 2014
The subcontractor asserted a claim only against the prime contractor, electing not to claim against the design professionals even though they had been brought in as parties to the arbitration by the project owner.
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51 Best Practices for Developing a Contractor’s Request for Compensation
Best Practices Construction Law
SEPTEMBER 4, 2014
My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?
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54 Construction Forms for excel
Construction Cost Estimating
NOVEMBER 25, 2014
Office Forms for Construction : Transmittal, Submittal Log, Minutes of Meeting, FAX Cover, FAX Log, Memo, Memo - Log, Phone Log, Phone Conversation Record, Insurance Verification Log, Petty Cash, Project Payment Summary, RFI - Request for Info, RFI Request for Info Log, Financial Statement, Bar Schedule, Insurance Specifications, Request for Substitution, (..)
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45 An open request to the author of the article: ’How Building Information Modeling Saved One University $10 Million’ – Please substantiate your claim!
DebunkTheBIM
JULY 16, 2015
There’s been a great little ‘article’ circling the web recently, claiming ‘How Building Information Modeling Saved One University $10 Million’. The architects talk ‘billable hours’ – were these hours already quoted for (and contracted to do) or left for change orders to claim later? Equally or based on a particular key?
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BuildTools Provides the Solution for Managing Demanding Clients
Pro Builder
MARCH 24, 2021
But Platinum Homes was losing money on change orders from demanding clients. BuildTools provides a way to document client interactions and remove any gray area, keeping everyone up to date on common points of conflict such as budgets, change orders, and schedules. BuildTools is a relationship maintainer,” says Molthan.
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How The Cloud Is Enabling Smarter Project Management—Part 4 of 5
Viewpoint Construction Technology
JUNE 6, 2018
Some software providers claim their products work in the cloud, but those services might not be designed to take advantages of browser interfaces and mobile access. Accuracy, especially with the data used to generate WIP reports, true job costing projections, change order status and the like, is key to projects’ ultimate success.
7 Steps to Successful Project Closeout
Autodesk Construction Cloud
DECEMBER 18, 2021
And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. Problems like delayed change orders, poor communication and lost paperwork may make it harder to close out a project on time. Delayed change order resolution. Common Project Closeout Problems.
Another Abuse of Owner Retainage?
Construction Dive
MARCH 5, 2015
Featured …Change Order Dispute Did Not Justify Continued RetainageDeductive Credit Was a Government Claim against Contractor' But, it can also provide owners with a great deal of leverage in disputes with contractors. This creates a temptation for abuse.
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Are You Using or Interested in Building Information Modeling (BIM)? — Take the 2016 BIM Experience Survey
Construction Dive
MARCH 31, 2016
Contractors are finding benefits in improved coordination and scheduling with less claims and change orders. Architects and engineers find BIM allows projects to be completed faster while making it easier to make design changes. BIM seems to be highly regarded by those who have made the transition.
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Are You Using or Interested in Building Information Modeling (BIM)? — Take the 2016 BIM Experience Survey
Construction Dive
MARCH 17, 2016
Contractors are finding benefits in improved coordination and scheduling with less claims and change orders. Architects and engineers find BIM allows projects to be completed faster while making it easier to make design changes. BIM seems to be highly regarded by those who have made the transition.
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48 DD# 71: Time Impact Analysis for Schedule Extension
Cassell Construction Estimating
NOVEMBER 20, 2014
With 80+ approved change orders, the contract price had increased by more than fifty per cent. Wrong, because there’s a catch – the Owner is insisting that all the changes are “concurrent”, and that no additional compensation for extended general conditions is forthcoming. Happy Scheduling!
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100 BIM 2015 Reader Survey - Standard Form Documents, Execution Plans and COBie - What's Your Experience?
Construction Dive
FEBRUARY 12, 2015
Contractors are finding benefits in improved coordination and scheduling with less claims and change orders. Architects and engineers find BIM allows projects to be completed faster while making it easier to make design changes. BIM seems to highly regarded by those who have made the transition.
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