Preparing Construction Claims


Book Description

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.




Construction Claims


Book Description

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.




How to Get Paid for Construction Changes


Book Description

Presents tools and techniques for resolving construction claims. This book features case studies and examples of damage calculations, and gives guidelines for the proper documentation of a dispute. It explains how to decide on the best course of action to settle each claim.




Construction Change Order Claims


Book Description

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!




Cumulative Impact and Other Disruption Claims in Construction


Book Description

Cumulative impacts on construction projects remain largely an ill-defined concept. A more thorough understanding of cumulative impacts as defined by the construction industry and courts and boards will aid the contractor in preparing its damages and proving causation. The information herein provides a blueprint for the contractor seeking to recover costs that result from disruption and the cumulative impact of changes. Conversely, information is also provided that can be used by the owner to identify weaknesses in the contractor's claim submittal to better defend against a cumulative impact claim.




Construction Claims


Book Description

This book discusses practices in preparing and defending claims, bringing in funding, insurance and design team issues. It brings together the basic knowledge from the principal post-1996 legislation required by practitioners, together with an outline of the options and risks.




Understanding and Negotiating Construction Contracts


Book Description

Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.




Construction Delay Analysis Simplified


Book Description

Years of extensive research culminated in this easy to read reference guide for the analysis and formulation of delay claims. Complex delay analysis concepts are made accessible with easy to understand diagrams and descriptions. The Second Edition of this popular book includes a new section on claims as a result of pandemics. The book shares information in a user-friendly manner on: Delays - terms, definitions, and conceptsCommon Causes of delay - Delay Analysis - terms, definitions, and concepts- Common Delay Analysis Methods simplified- Cause & Effect, Concurrency, and Float Ownership- Delays caused by Pandemics - Risk Allocation - How construction contracts deal with pandemics - Pandemics as Excusable delays - Pandemics as Force Majeure - Claim Analysis - Pandemics and popular form contracts- Step-by-step Delay Analysis for complex claims- Claim Formulation in 6 easy steps- Construction Form Contacts - Claim Analysis The book is written in such a way that it can be utilized for an in-depth study into delays or as a roadmap to analyze or formulate delay claims.




200 Contractual Problems and their Solutions


Book Description

200 Contractual Problems and their Solutions This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor’s programme Contractor’s float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. “Deserves a place on every site and in every office as the standard handbook on contractual problems” Construction Law Digest




Paper Contracting


Book Description

Risk, and the headaches that go wit it, have always been a major part of any construction project -- risk of loss, negative cash flow, construction claims, regulations, excessive changes, disputes, slow pay -- sometimes you'll make money, and often you won't. But many contractors today are avoiding almost all of that risk by working under a construction management contract, where they are simply a paid consultant to the owner, running the job, but leaving him the risk. This manual is the how-to of construction management contracting. You'll learn how the process works, how to get started as a CM contractor, what the job entails, how to deal with the issues that come up, when to step back, and how to get the job completed on time and on budget. Includes a link to free downloads of CM contracts legal in each state.