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

Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

Elizabeth Charnowski and Carl Pebworth | Faegre Drinker Biddle & Reath The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020. These unanticipated circumstances can create contract application and interpretation challenges for the unwary construction partner. For example, even if a prime contract expressly… Continue reading Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

Extra Work Claim Waived for Not Following Change Request Procedures

Amandeep S. Kahlon | Buildsmart On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with the trial court’s conclusion that the subcontractor had encountered a change in the work,… Continue reading Extra Work Claim Waived for Not Following Change Request Procedures