News & Analysis as of

Change Orders Subcontractors

Miller Nash LLP

Construction Notice of Completion Key to Unlocking Change Order Statutory Remedies

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The Washington Legislature enacted a requirement that contractors and subcontractors must get paid promptly for undisputed additional work on both public and private construction projects. The new law enacted in 2024...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding the Basics of a Construction Contract

Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,...more

Porter Hedges LLP

The Importance of Change Orders on Construction Claims

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While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims....more

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

Snell & Wilmer

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

Snell & Wilmer on

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

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

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

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

StoneTurn on

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

DarrowEverett LLP on

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

Having Authority—and Being Responsible—for Another in Construction

Miller Nash LLP on

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

Harris Beach Murtha PLLC

MA Appeals Court: Contractor's Pay Applications Deemed Approved for Owner's Failure to Comply with Prompt Pay Law

The Massachusetts Appeals Court has interpreted for the first time the Massachusetts Prompt Payment Act (the “Prompt Pay Law”) in the matter of Tocci Building Corporation v. IRIV Partners, LLC, et al., Nos. 21-P-393 &...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

Best Practices: Change Orders - Things to Watch for in Negotiations

It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order....more

Cole Schotz

Written Change Order Requirements In Construction Contracts May Be Waived

Cole Schotz on

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

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Creeps? Put them back in the ground

Dear YouDig?, We are a subcontractor and we pride ourselves on being ethical and fair in all aspects of our business. Why is it then that we seem to end up getting burned by dishonest, shady, disgusting creeps?...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

Bradley Arant Boult Cummings LLP

Extra Work Claim Waived for Not Following Change Request Procedures

On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with...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

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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

Buchalter

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

Buchalter 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

Snell & Wilmer

Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?

Snell & Wilmer on

Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the...more

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