Construction Contract Claims, Changes, and Dispute Resolution
Each chapter is authored by one or more construction experts and/or attorneys. Having this book is like having a round table with more than 30 construction claims experts!
Construction claims and changes are an inevitable process on a construction project, particularly public construction, infrastructure, heavy, healthcare, energy, transportation, civil and industrial projects.
Construction Contract Claims, Changes, and Dispute Resolution is the go-to handbook for those involved in the prevention, preparation, management, and resolution of claims and change orders on construction projects. For more than 40 years, engineers, contractors, owners, and construction managers have turned to this practical guide and its straightforward, clear approach to solving challenges in construction claims and changes. Thoroughly revised and completely updated, this third edition adds the expertise of more than 30 attorneys and construction consultants who are recognized authorities in the field. Their contributions merge principles of construction law with practical advice.
Topics include: identification and notification; differing site conditions; interpretation and requirements of contract specifications; records and documentation; project schedules and the critical path method; subcontractors and suppliers; pricing; negotiations; dispute avoidance, resolution, and alternative dispute resolution; and termination. Discussion of delays, time extensions, acceleration, and mitigation of project delays has been expanded to two chapters. New topics in this edition include impacts on labor productivity; bonds and liens; insurance issues; and alternative project delivery.
The general guidelines and legal principles provided in this book were shaped by the outcome of federal and heavy construction cases and will prove invaluable to those in the private sector, local governments, and commercial construction.
The original and 1998 editions of this book were written to provide an understanding and framework for the purpose of understanding the role of claims in the construction process so they could be properly identified, supported, and successfully resolved. Its worldview was somewhat limited to the original author’s firsthand experience in dealing with claims on commercial, heavy and transportation construction projects. In order to make the book more meaningful as a construction claims guide, as well as to address more recent developments in construction law, related legal and contractual issues and an increasing involvement in technology in dispute resolution, the 2015 edition of the book engaged the expertise of attorneys and expert consultants in the field to bring more knowledge, depth and detail to the subject matter at hand. Existing chapters have been expanded — some significantly — while four new chapters have been added.
Even successful projects have claims. As you read through this book, you will come to think of claims as standard operating procedures, and this understanding will help you formulate the proper outlook, approach, and procedures for dealing with them. The key to a successful project is the successful resolution of contract disputes without resorting to litigation.
This book is also designed to provide the construction project staff with a frame of reference with which to understand and administer construction claims and change orders. Because the change order problem is such an integral part of the construction process, it is imperative that each member of the construction project staff have a full understanding of the legal concepts and administrative workings of changes and claims. This includes the architect, engineer, owner, owner’s representative, and/or construction manager. It is necessary to ensure that the project receives equitable adjustments without creating financial burdens for the contractor and owner. Finally, the contractor and owner should pursue and resolve changes early and accurately to ensure successful construction and avoid expensive litigation occurring at the end of the project. To this end, the chapter on alternative dispute resolution should be of particular importance.
Edited by Paul Levin, PSP1
ISBN (print): 978-0-7844-1429-3 ISBN
Publisher: American Society of Civil Engineers
Copyright Year: 2016
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