Construction Law (November 2014)
I. What Do You Do When the Contract is Changed?
B. Common Changes to Standard Form Contracts
C. The Purpose of “Changes” Clause
D. Constructive vs. Cardinal Changes
E. Authority to Issue Change Orders
F. Waiver of Formal Requirements
G. Oral Change Orders
I. Determining Cost of Changes
II. What Do You Do When the Plans and Specifications are Deficient?
B. Rights and Liabilities of the Parties
C. The Contractor’s Duties of Obligations
D. Ambiguity in Specifications
E. Errors Discovered Prior to Building
F. Defects Discovered During Construction
G. Compensation for Errors
H. Damage Recovery
III. What Do You Do When Conditions on the Job Change?
B. Common Exculpatory Clauses
C. Type 1 and Type 2 Changed Condition Claims
D. Site Investigation Obligations
F. Contractual Remedies
IV. What Do You Do When Contract Performance is Delayed?
B. Excusable vs. Inexcusable Delays
D. Concurrent Delays
E. Architect/Engineer Liability
F. Preserving Delay Claims
V. What Do You Do When the Other Party Threatens to Terminate the Contract?
B. Termination for Convenience
C. Wrongful Termination
D. Steps for Proper Termination
E. Available Remedies and Damages
F. Common Issues and Challenges
VI. What Do You Do lf You Do Not Get Paid?
B. Private Project Remedies
- Mechanic’s Liens
- Stop Notices
- Payment Bonds
C. Public Project Remedies
- Miller Act, “Little Miller” Acts and Bonds
- Stop Notices on Public Projects
D. Retainage Issues on Public and Private Projects