Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time

Niel Franzese | Construction Law Zone Changes are made to scopes of work on construction projects every day. In some cases, the contract party being asked to accept these changes is reluctant to do so, and views the changes to be so substantial as to result in a scope of work radically and materially different… Continue reading Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time

Why Change Orders Matter

Rhiannon K. Baker and Philip S. Bubb | Fredrikson & Byron I recently settled a dispute with a construction client where the absence of formal written change orders was an issue. The parties disagreed on what was compensable, but this disagreement could have potentially been avoided if they had adhered to written change orders. Most… Continue reading Why Change Orders Matter

Construction Change Order: Friend or Foe

George Nicholos | Vandeventer Black 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 with construction materials, faulty budgets or schedules, or additional requests or changes by an owner. CO logistics… Continue reading Construction Change Order: Friend or Foe

General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

David Adelstein | Florida Construction Legal Updates The opinion in Westchester Fire Ins. Co, LLC v. Kesoki Painting, LLC, 260 So.3d 546 (Fla. 3d DCA 2018) leads to a worthy discussion because it involves a common scope of work occurrence on construction projects involving a general contractor and subcontractor.  The contractor submits a subcontractor’s change order… Continue reading General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

When is A Cardinal Change “Cardinal”?

Henry Goldberg | Moritt Hock & Hamroff | November 13, 2019 A cardinal change is a rare event in construction. However, when it “provably” occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general contractor on a New York… Continue reading When is A Cardinal Change “Cardinal”?