John Mark Goodman | BuildSmart A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No. 01-21-00542, 2023 WL 5280249 (Tex. Ct. App. Aug. 17, 2023)). The change order at issue… Continue reading Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim
Tag: Change Order
Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Matthew Mues | Davis Wright Tremaine On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., (“Kizer”) could not maintain a quantum meruit claim against a general contractor, defendant Stout Building Contractors, LLC, (“Stout”) for work performed by Kizer beyond that contemplated in Kizer’s proposal, which was incorporated into… Continue reading Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Protect Your Right To Payment By Following Nedd
Denise Motta | Construction Law Blog In order to preserve your right to payment, you must satisfy the contractual requirements supporting a change order for the increased costs or time due to the delay. The key to the successful presentation of change order claims is educating your team on the following: 1. NOTICE Review… Continue reading Protect Your Right To Payment By Following Nedd
Defects, Delays and Change Orders
Jacob A. Epstein | Construction Executive As every construction professional is aware, unexpected events and problems are guaranteed on every large project. Defects, delays and change orders are sure to arise, and depending on how they are dealt with and addressed at the time, they can either have minimal effects on the overall project or… Continue reading Defects, Delays and Change Orders
No Change Order Jobs: Impossible Sell or Wave of the Future?
Adam E. Richards | Berger Singerman The dreaded two words in the construction industry: change order(s) (“CO” or “COs”). Industry professionals, ranging from architects/engineers, owners, contractors, subcontractors, construction lawyers, carriers, lenders and sureties alike, each have surely experienced a project if not multiple projects turned sideways due to COs, or, better yet, disputed COs. A… Continue reading No Change Order Jobs: Impossible Sell or Wave of the Future?