News & Analysis as of

Change Orders Contract Terms

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

Ward and Smith, P.A. on

Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

Stoel Rives LLP on

RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

Stoel Rives -  Ahead of Schedule

Don’t Let Disputed Change Orders Derail Your Construction Project

Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more

Bradley Arant Boult Cummings LLP

How to Deal with Retainage on Alabama Public Projects

Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more

Stoel Rives -  Ahead of Schedule

Preconstruction Services, Project Savings, and Great Expectations

A developer client recently expressed mixed emotions when reflecting on a new project that had been delivered on time and under budget. The investors were happy, and the client had just written a check to the prime contractor...more

Bradley Arant Boult Cummings LLP

No Written Change Order? No Problem! Court Sides with Subcontractor in Payment Dispute

Many contracts contain provisions requiring that changes to a contract be in writing and signed by a particular authorized person. Under such provisions, work done without proper written authorization will not be...more

Miller Nash LLP

In the Contract or Out of the Contract? Payment Claims for Extra Work in Oregon

Miller Nash LLP on

When a contractor performs “extra” work—more than its construction contract contemplates—how can it be paid? A common question, indeed. And one that usually is easily answered with a change order or extra work directive. But...more

Smith Gambrell Russell

A Century Later: Implied Duty of Good Faith and Fair Dealing Still Going Strong

Smith Gambrell Russell on

Parties to construction contracts are often surprised to learn that they are bound to implied unwritten contract obligations in addition to the written terms of their contracts. Courts in the United States began to...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Changes: The Most Important Clause in Government Contracting - April 12th,...

Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her...more

Woods Rogers

Accommodating Field Directions While Maintaining Good Client Relations and Guarding Against Unintended Liabilities

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During construction, the parties’ focus is often on maintaining a good working relationship. That is a valuable goal, however, it can sometimes result in parties avoiding technical requirements in their contracts, including...more

Obermayer Rebmann Maxwell & Hippel LLP

Steps Federal Contractors Can Take Now to Prepare for the Forthcoming COVID Safety Protocols

President Biden’s September 9, 2021 speech on fighting the COVID19 Pandemic, together with the publication of the Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors, have contractors asking...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

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Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

Porter Hedges LLP

The Anatomy Of A Change Order Clause In A Construction Contract

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Change orders can quickly become a source of contention on construction projects and are often the subject of major disputes. As a result, it is important for stakeholders to carefully draft and negotiate the change order and...more

Cole Schotz

Written Change Order Requirements In Construction Contracts May Be Waived

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A frequent topic of dispute in litigation involving construction projects is whether a subcontractor is entitled to payment for work it performs outside its contractual scope of work—often referred to as “extra work” or...more

Poyner Spruill LLP

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

Poyner Spruill LLP on

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? How to avoid a design-build debacle

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

Cozen O'Connor

Do Not Sign That Lien Waiver

Cozen O'Connor on

Every month, contractors, subcontractors, and suppliers submit applications for payment upstream along with a form they are contractually required to execute: a release and waiver of claims or liens, commonly called a “lien...more

Burr & Forman

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Burr & Forman on

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Woods Rogers

Construction Change Order: Friend or Foe

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The dreaded Change Order or CO is almost unavoidable on most projects. COs commonly result because of things such as inaccurate specifications, ambiguous or inaccurate drawings, unforeseen conditions at a job site, issues...more

Burr & Forman

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Burr & Forman on

In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

Franczek P.C. on

In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Bradley Arant Boult Cummings LLP

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more

Troutman Pepper

Under California’s Prompt Payment Statute, a Direct Contractor May Not Withhold Retention From a Subcontractor Simply Because a...

Troutman Pepper on

United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., 2018 Cal. Lexis 3510 (May 14, 2018) - In 2010, Universal City (“Universal”) hired Coast Iron & Steel Co. (“Coast Iron”) to build a new ride at the Universal...more

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