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Construction Claims

Construction Claims
Author: Paul Netscher
Publisher: Createspace Independent Publishing Platform
Total Pages: 0
Release: 2016-09-12
Genre: Architecture, Domestic
ISBN: 9781537086323

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Most construction projects have changes, variations and delays. Due to insufficient knowledge contractors often don't claim their time and costs resulting from these events, or, their claims end in protracted and expensive legal battles.This easy to read book demystifies the claims processes ensuring entitlements are claimed. Learn when you can claim, how to make claims compelling, and the supporting documentation required to win. Your eyes will be opened to numerous events, costs and impacts. Knowing some of these tips could dramatically improve profits and avoid time consuming acrimonious disputes.Also included is advice for contractors to avoid and defend claims from employers and subcontractors.Ensure you're granted the time and costs you are entitled to by submitting winning claims.


State-by-state Guide to Construction Contracts and Claims

State-by-state Guide to Construction Contracts and Claims
Author: Michael Dodd
Publisher: Aspen Law & Business
Total Pages: 1205
Release: 2005-12-12
Genre: Law
ISBN: 9780735558779

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State-by-State Guide to Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce 'pay-if-paid' and 'pay-when-paid' contract clauses in your jurisdiction? is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, The State-by-State Guide to Construction Contracts and Claims offers expert explanations and analyses of the full range of contract and claim topics.


Preparing Construction Claims

Preparing Construction Claims
Author: Stephen C. Hall
Publisher: John Wiley & Sons
Total Pages: 196
Release: 2020-04-06
Genre: Law
ISBN: 1119166608

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Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.


Fundamentals of Construction Claims

Fundamentals of Construction Claims
Author: William J. McConnell
Publisher: John Wiley & Sons
Total Pages: 308
Release: 2022-08-02
Genre: Technology & Engineering
ISBN: 1119679907

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Demystify complicated construction claims with this indispensable guide Given how common complex claims have become in the modern built environment, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects and Engineers is an absolutely critical addition to the library of any construction professional. Written by William J. McConnell, PE, JD, MSCE, CDT, a celebrated lawyer, author, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author's straightforward 9-Step method helps readers avoid costly dispute resolution fees by: Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, and weather delays Offering procedures for calculating delay impacts through forensic scheduling analysis Defining, in detail, four simple ways to prove damages Throughout, relevant case studies are used to illuminate the principles found within and bring life to the concepts the author introduces.


State-by-state Guide to Design and Construction Contracts and Claims: Alabama-Missouri

State-by-state Guide to Design and Construction Contracts and Claims: Alabama-Missouri
Author: Michael Dodd
Publisher:
Total Pages: 0
Release: 2013
Genre: Construction contracts
ISBN: 9781454811992

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State-by-State Guide to Design and Construction Contracts and Claims, Second Edition provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce andquot;pay-if-paidandquot; and andquot;pay-when-paidandquot; contract clauses in your jurisdiction? Is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? Is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, the State-by-State Guide to Design and Construction Contracts and Claims, Second Edition offers expert explanations and analyses of the full range of contract and claim topics.


Introduction to Construction Contract Management

Introduction to Construction Contract Management
Author: Brian Greenhalgh
Publisher: Routledge
Total Pages: 236
Release: 2016-08-05
Genre: Architecture
ISBN: 1317549422

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This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator’s resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.


Practical Guide to Construction Contract Surety Claims

Practical Guide to Construction Contract Surety Claims
Author: William Schwartzkopf
Publisher: Wolters Kluwer
Total Pages: 1006
Release: 2005-01-01
Genre: Law
ISBN: 0735552630

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Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.


Construction Claims

Construction Claims
Author: Robert A. Rubin
Publisher: Springer Science & Business Media
Total Pages: 332
Release: 1992-09-30
Genre: Law
ISBN: 9780442004415

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Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.


Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts
Author: Kit Werremeyer
Publisher: John Wiley & Sons
Total Pages: 390
Release: 2023-07-19
Genre: Law
ISBN: 1394150202

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Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.