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?

The Anatomy Of A Change Order Clause In A Construction Contract

Amy Wolfshohl | Porter Hedges 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 related provisions pre-contract.  The key portions in a change order clause beyond the… Continue reading The Anatomy Of A Change Order Clause In A Construction Contract

Written Change Order Requirements In Construction Contracts May Be Waived

Bradley Pollina | Cole Schotz 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 “change order work”—without obtaining a signed written change order to perform the work.  The same issue… Continue reading Written Change Order Requirements In Construction Contracts May Be Waived