Buck is a professional engineer turned construction lawyer. He develops strategies to turn-around troubled projects, and if the dispute is unavoidable he steps in to help resolve it. Buck has won cases tried to juries, arbitration panels, and judges. These disputes have involved contract scope, schedule/delay, impacts, standard of care, and construction defects on commercial, infrastructure, and energy projects, both private and public. He’s represented parties to design-bid-build, CM/GC, target price, design-build, ESCO, incentive, and P3 delivery method agreements. He has resolved complex, multi-party and multi-tier disputes where significant damages were at risk. More...More...
I’m not sure what, what on file means. If you’re a general contractor and you have required your subcontractor to obtain payment and performance bonds, then you would want a copy of those because if the subcontractor defaulted, you would need to follow the instructions in the bond in order to preserve your rights as to the surety. So if on file, you mean in your own file as a general contractor, I would say the answer is yes.See More...
So a construction change directive is the mechanism in the standard AIA contract for implementing a change, which is typically an add to the scope or a different design. It is the mechanism that the parties use when they cannot agree on the price for that change order. One thing that’s critical when you are operating under a construction change directive or any sort of interim process before the change order is approved, is to make sure you track cosSee More...See More...
Take COVID out of it for a moment and think about an impact of some sort that shuts your job down. Proving that your job was shut down is fairly easy to do. However, proving the cause of your job being shut down is more difficult. In this case, you raised a good point about a privacy concern, but I would say you shouldn’t get that deep into it. As the contractor, you have an obligation for site, employee, worker safety and you’re obligated to make decisions See More...See More...
Sometimes. If you have an abusive owner or a set of design documents that are so poor that you feel like you’re financing the project through change orders that are not foreseeable or at a volume that was not foreseeable, then you may want to take that step. However you really need to look at the contract to see what it requires you to do if the owner directs the change. Now there’s a distinction between a change being required because of See More...See More...