Preparing Construction Claims

Author: Stephen C. Hall
Publisher: John Wiley & Sons
ISBN: 1119166608
Category : Law
Languages : en
Pages : 196

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

Author: Paul Netscher
Publisher: Createspace Independent Publishing Platform
ISBN: 9781537086323
Category : Architecture, Domestic
Languages : en
Pages : 0

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.

Construction Change Order Claims

Author: Michael T. Callahan
Publisher: Wolters Kluwer
ISBN: 0735552371
Category : Law
Languages : en
Pages : 628

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

Author: Richard J. Long
Publisher:
ISBN: 9781621375272
Category : Law
Languages : en
Pages : 256

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

Author: Jeremy Hackett
Publisher: Informa Law from Routledge
ISBN: 9781859785539
Category : Arbitration agreements, Commercial
Languages : en
Pages : 0

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

Author: Kit Werremeyer
Publisher: John Wiley & Sons
ISBN: 1394150202
Category : Law
Languages : en
Pages : 390

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

Author: Hendrik F Prinsloo
Publisher:
ISBN:
Category :
Languages : en
Pages : 148

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

Author: J. Roger Knowles
Publisher: John Wiley & Sons
ISBN: 1118257049
Category : Law
Languages : en
Pages : 485

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

Construction Claims

Author: Philip Davenport
Publisher: Gaunt
ISBN: 9781862871809
Category : Construction contracts
Languages : en
Pages : 226

Book Description
Textbook for students studying construction law, building, architecture, engineering, construction management, dispute resolution and related subjects. Explains the basic nature of the claims which most commonly arise out of construction contracts. Five categories of claim, remedies and the advantages of each are given. Concepts such as frustration, estoppel, Hungerford damages, liquidated damages and prevention principle, the Hudson formula, Calderbank offers, ambit claims, causation and foreseeability are discussed and explained. Includes a table of contents, table of cases, table of statutes and an index. The author is a solicitor of the supreme court of NSW, lectures in the School of Building at the University of NSW and is referee on the NSW Building Disputes Tribunal.

Smith, Currie & Hancock's Common Sense Construction Law

Author: John M. Mastin
Publisher: John Wiley & Sons
ISBN: 1119540178
Category : Technology & Engineering
Languages : en
Pages : 773

Book Description
The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.