by Bennett Coleman
In Construction Claims, A Picture is Worth More Than a Thousand Words
“A picture is worth a thousand words” is an old proverb that suggests complex stories can be described by just a single picture. The same is true with respect to proving construction claims, where one visual or graphic can be more persuasive and influential than a thousand words. Construction is a complex and risky process requiring extensive planning, engineering, procurement, and...
by Bennett Coleman
Risks of Differing Site Conditions
Contractors frequently experience site conditions differing from those anticipated in their bids. An example would be existing facilities, which are to form part of the contract work, that differ in their location, makeup, or state of repair from information in the bid documents or from what would be apparent to a contractor making a responsible, prebid inspection. If the differing site...
by Bennett Coleman
Design Documents and Design-Related Claims
I. Introduction As experts in construction claims, Interface Consulting evaluates and analyzes a wide array of engineering and construction related disputes. Many of these disputes center around increased costs, project delays, and productivity impacts. This paper discusses the most common problems and claims related to design documents based on our experience dealing with hundreds of...
by Bennett Coleman
Contract Disputes
The construction contract is the most critical document in a construction project, because it defines the contractor’s scope of work and compensation. It also establishes the responsibilities, liabilities, and warranties of both the contractor and the owner. As such, a contractor must carefully consider the contract language when bidding a job. The construction contract establishes the...
by Bennett Coleman
The Rules of Engagement and Construction Claims: Towards a Smooth Construction Contract Execution and Responsible Claims Process
Chapter One: IntroductionThere are certain assumptions that both the contractor and the owner possess when entering into a construction contract. These assumptions do not necessarily coincide with one another. The contractor should assume that the scope of work is sufficiently defined, the plans and specifications are complete and accurate, and the owner has fulfilled any requirements...
by Bennett Coleman
Constructive Change
Changes in the scope of work on a major project are a common occurrence in the construction industry. Contractors are accustomed to directed changes, that is, those changes ordered by the Owner or the Owner’s agent under the change order clause of a contract. However, the nature or extent of construction work is often changed without the initiation of a change order. The question of...
by Bennett Coleman
No Harm – No Foul: An Equitable View on Liquidated Damages for Delay
Liquidated damages (hereafter LDs) for delay can be an emotional topic for owners and contractors, as LDs come into play when the project is delayed and not progressing according to the parties’ expectations. LDs signal a troubled project, often leading to rising tensions which unfortunately divert attention and energy away from completing the project as expeditiously and economically...
by Bennett Coleman
Constructive Acceleration
Constructive acceleration occurs when a delay takes place beyond a contractor’s control, and yet the owner expects the job to be completed by the original contract completion date. A contractor’s claim for constructive acceleration should meet the following criteria: The delay is a result of causes that would entitle the contractor to time extension under the contract...
by Bennett Coleman
Construction Claims
Knowledge of the different construction claim types allows owners to recognize potential claims situations. This recognition can protect the owners from incurring losses and assist in recovering compensation. Many of the claim types discussed are interrelated, and frequently more than one of them may pertain to a particular situation. For the purpose of this article, we have divided claims...
by Bennett Coleman