Menu
Home>Levelset Community>Legal Help>What is best avenue to force G.C. to approved submitted cost changes that are 60-180 days old?

What is best avenue to force G.C. to approved submitted cost changes that are 60-180 days old?

California

We have struggled getting General Contractor to approved change orders for loss production & phasing of work that have been incurred since Feb 2021. We provided written notice of delay and cost claim 1 week after we began our work. Over the past year, we have sent progressive Change Requests and revisions to update of cost impact for Loss Production labor, equipment. G.C. provided verbal communication that they were going to send us 24-Hour Notice to complete all work or they'd terminate our contract. We sent Notice of Intent today, but I'm curious of appropriate remedy as we believe there is no cause to terminate us since we've proceeded in good faith with throughout the entire project anticipating resolution of change requests before the project is completed. The G.C. anticipated completion date is April 1, 2022.

3 replies

Feb 18, 2022

There's a bit to unpack here. You've got delay claims, you entitlement to them depends a lot on your contract language. If you've got requests for change orders that are pending, and you submitted them on time, then usually they turn into a "claim" and follow a dispute resolution process in the contract before they become a lawsuit. Most claims get resolved at one of those earier stages. 

Some of this will also depend on the kind of documentation you have to back up your claims. Looks like you're an underground company, so are you losing production trenching for utilities and able to show that? 

It might be worth having a construction lawyer look at the totality of it though.

0 people found this helpful
Helpful
Feb 18, 2022
Thanks for the reply Sean. I see your firm is local to us. Could I contact you for a call today? We don't currently have an corporate attorney for representation. It now seems that we may need to interview and retain counsel. Feel free to call or email me if you'd be available. Office: 714-455-1777; E-mail: scott@ks-socal.com Thanks.
0
Report Spam
Feb 22, 2022
Not really any way to force a GC to issue a change order
Your best approach is to document the grounds for a change and repeatedly request that it be issued
That way if the GC terminates you, you will have documentation supporting any argument that the termination is wrongful
0 people found this helpful
Helpful