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Change Orders Construction Contracts Contract Terms

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

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RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

Stoel Rives -  Ahead of Schedule

Don’t Let Disputed Change Orders Derail Your Construction Project

Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more

Bradley Arant Boult Cummings LLP

How to Deal with Retainage on Alabama Public Projects

Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more

Stoel Rives -  Ahead of Schedule

Preconstruction Services, Project Savings, and Great Expectations

A developer client recently expressed mixed emotions when reflecting on a new project that had been delivered on time and under budget. The investors were happy, and the client had just written a check to the prime contractor...more

Bradley Arant Boult Cummings LLP

No Written Change Order? No Problem! Court Sides with Subcontractor in Payment Dispute

Many contracts contain provisions requiring that changes to a contract be in writing and signed by a particular authorized person. Under such provisions, work done without proper written authorization will not be...more

Miller Nash LLP

In the Contract or Out of the Contract? Payment Claims for Extra Work in Oregon

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When a contractor performs “extra” work—more than its construction contract contemplates—how can it be paid? A common question, indeed. And one that usually is easily answered with a change order or extra work directive. But...more

Woods Rogers

Accommodating Field Directions While Maintaining Good Client Relations and Guarding Against Unintended Liabilities

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During construction, the parties’ focus is often on maintaining a good working relationship. That is a valuable goal, however, it can sometimes result in parties avoiding technical requirements in their contracts, including...more

Porter Hedges LLP

The Anatomy Of A Change Order Clause In A Construction Contract

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Change orders can quickly become a source of contention on construction projects and are often the subject of major disputes. As a result, it is important for stakeholders to carefully draft and negotiate the change order and...more

Cole Schotz

Written Change Order Requirements In Construction Contracts May Be Waived

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A frequent topic of dispute in litigation involving construction projects is whether a subcontractor is entitled to payment for work it performs outside its contractual scope of work—often referred to as “extra work” or...more

Poyner Spruill LLP

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

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Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? How to avoid a design-build debacle

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

Cozen O'Connor

Do Not Sign That Lien Waiver

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Every month, contractors, subcontractors, and suppliers submit applications for payment upstream along with a form they are contractually required to execute: a release and waiver of claims or liens, commonly called a “lien...more

Burr & Forman

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

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It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

Woods Rogers

Construction Change Order: Friend or Foe

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The dreaded Change Order or CO is almost unavoidable on most projects. COs commonly result because of things such as inaccurate specifications, ambiguous or inaccurate drawings, unforeseen conditions at a job site, issues...more

Burr & Forman

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

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In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

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a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Bradley Arant Boult Cummings LLP

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more

Troutman Pepper

Under California’s Prompt Payment Statute, a Direct Contractor May Not Withhold Retention From a Subcontractor Simply Because a...

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United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., 2018 Cal. Lexis 3510 (May 14, 2018) - In 2010, Universal City (“Universal”) hired Coast Iron & Steel Co. (“Coast Iron”) to build a new ride at the Universal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: Proving Change Orders in Illinois

The basic requirements for proving a change order are firmly established under Illinois law. To obtain relief for a disputed change order, a contractor must show five things:...more

Snell & Wilmer

Under Construction - September 2017

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Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we...more

Troutman Pepper

The "Lien-Ability" of Field Change Directives Under Typical Construction Lien Laws?

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Consider this scenario taken from an actual project dispute: The contractor has entered into an agreement with the owner for a project of any size. During the course of the project, the owner directs the contractor to perform...more

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