Executive Summary Contractors that deal with tough projects, tough clients, and/or tough contracts need to be in a mindset of always being claim-ready. Here’s the start to being trained and claim-ready. When you say “claim”-ready, you mean? A “claim” in this context is really meant to mean impact, or change […]
Delay Letter: A Template & How to Write One
Executive Summary As a contractor, the notification of delay is critical. Here are the important ingredients to a delay letter. Why do I need one? Say you’re on a project and you are losing time – you are delayed. If it’s your fault, you better catch up. If it’s someone […]
Bucketing – the Proper Claim Accounting Method
Executive Summary The categorization of costs incurred in a changed condition scenario is critical in dispute resolution. Account for costs by issue and sub-issue by creating buckets of costs. Do it early! Here Come the Extra Costs When you (the contractor) experience a change, whether you have notified the owner […]
Top 6 Ingredients of a Letter
Executive Summary Letters in the construction industry, during the course of a project, usually are reserved for contentious issues or to satisfy notification requirements. Here are six of the most important and common ingredients in these letters. Why do we Write Letters? Emails are commonplace these days, but writing a […]
Anatomy of a Change
Executive Summary Construction changes are generally handled in a similar way in most contracts. As a contractor you can develop good habits and controls to ensure you capture time and cost impacts. Anatomy of a Change Changes occur in a majority of construction contracts. Knowing how to track them and […]
Avoid Claims with a Pre-Bid Analysis
In a best case scenario, a construction claim will make the contractor financially whole again on the matter. In a worst case scenario, the contractor goes out of business. Most claims conclude somewhere in between with all parties unhappy.
Standardized Contracts and ConsensusDocs: a Win-Win
Download PDF Executive Summary: Standardized contracts provide tremendous benefit to the construction industry – they benefit the owner and the contractor. ConsensusDocs is the leading standardized contracts provider utilizing plain speak and fair risk allocation. Consider using them on your next project. [QR1] What’s out there now. We’d all agree that […]
I See Claims…
Download PDF Executive Summary: Construction is a litigious business. Often times the signs were right in front of you from day one. Pay attention and look for the behaviors of the parties that often indicate inevitable dispute and possibly a claim at the end of the job. See 20/20 today. […]
An Alternative to Eichleay: HOOP!
Executive Summary Contractors delayed by the owner often want to be reimbursed ‘x’ dollars per ‘y’ days for the cost of home office overhead. Most contractors are used to using the Eichleay Formula to recoup this cost. There’s a new formula available from a case in Ohio: the HOOP Formula. […]
Make Claim Preparedness the Standard, not the Exception
Executive Summary: More and more construction jobs year after year go to litigation – or at least go “legal” as I say, by requiring the services of a lawyer. Don’t make preparing for a claim a monstrous duty towards the end of the job, prepare as you go with good […]