News & Analysis as of

Change Orders Contract Disputes

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 -  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

Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....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

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

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

Bradley Arant Boult Cummings LLP

Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to...

There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

Carlton Fields on

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

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Throwing Shade

Dear YouDig?, We are a tree service contractor and some shady property manager is trying to give us a haircut. We don’t want a haircut. We like our hair AS IS. We had a contract. We changed the scope through agreed upon...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

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

Bradley Arant Boult Cummings LLP

Catch and Release: the Importance of Analyzing Potential Claims before Signing a Release and Receiving Final Payment -...

The Army Corps of Engineers (the “Corps”) retained Merrick Construction, LLC (“Merrick”) to perform work on a hurricane protection levee near New Orleans, Louisiana. The contract between the Corps and Merrick contained...more

Troutman Pepper

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

King & Spalding

Managing In-Project Disputes in Major Construction Projects

King & Spalding on

What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem easy to “wait and see” if the issue develops into something impactful,...more

Snell & Wilmer

Arizona Contractors Confront Cardinal Change

Snell & Wilmer on

The Cardinal Change Doctrine - The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to...more

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