News & Analysis as of

Change Orders

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

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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

Snell & Wilmer

Washington Adds Change Order Protections to Contractors, Subcontractors, and Suppliers on Washington Public and Private Projects

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Many construction contracts require the contractor to obtain a signed change order before performing work that deviates from the original contract scope. But in practice, contractors are often faced with the dilemma of...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

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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

Schwabe, Williamson & Wyatt PC

Washington Expands Change Order Protections to Private Projects

In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect...more

American Conference Institute (ACI)

[Event] 16th National Conference on Navigating Risk in Construction Contracts & Projects - February 22nd - 23rd, Toronto, ON,...

The premier event for Canadian construction professional and their counsel is back to Toronto! Rebranded as the 16th National Conference on Navigating Risk in Construction Projects and Contracts, this annual event will...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

Womble Bond Dickinson

With a Government Shutdown Looming, What Actions can Federal Government Contractors Take?

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The continued operation of the U.S. Government depends on an annual cycle of the House, Senate, and President agreeing on spending. The President submits the annual budget request to Congress, the House and Senate each work...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

Davis Wright Tremaine LLP

ASBCA Provides Guidance on How Deductive Changes Should Be Priced

In Appeal of Derian, Inc., ASBCA No. 62957 (August 25, 2023), the Armed Services Board of Contract Appeals provided detailed guidance on how to price a deductive change order and what evidence should be utilized to establish...more

Porter Hedges LLP

New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023

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The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more

StoneTurn

Insider Risk: Construction Spotlight - StoneTurn

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Insider Risks often generate images of cyber breaches or government leaks. But experience shows us Insiders can impact any industry, and often fly under the radar until something occurs. Whether you’re an owner, a developer,...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

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

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In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

Miller Nash LLP

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

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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

Miller Nash LLP

Having Authority—and Being Responsible—for Another in Construction

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Some folks just don’t get it—especially doctors. Classic case: healthcare construction. A doctor happens by the new medical office building you’re constructing for a hospital system to see the new clinic space and immediately...more

Bracewell LLP

The COVID-19 Change Order

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During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These...more

Smith Gambrell Russell

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

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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

Stoel Rives -  Ahead of Schedule

Surety Bonds vs. Subcontractor Default Insurance

With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or...more

Bradley Arant Boult Cummings LLP

Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages

When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs...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

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