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Contract Administration Construction Claims

When in Doubt, Send the Letter: A Contractor's Guide to Winning Construction Claims

This blog will serve as your foundational guide to adopting this profitable mindset. We will deconstruct the essential legal principles every contractor must understand to protect their bottom line. You will learn: - The single most important action you can take to protect your rights (and it's simpler than you think). - How to identify "constructive changes"—the hidden claims lurking in defective designs, ambiguous specs, and owner interference. - The key differences between claim types, from differing site conditions to acceleration. - The steps required to not only establish your right to a claim but also prove the financial damages you're owed.

October 10, 2023·11 min read·Listen

Construction Claims Contract Administration Claims

Mastering Liquidated Damages: A Comprehensive Guide for Construction Contracts

Liquidated damages are intended to serve as a genuine pre-estimate of the losses that the non-breaching party is likely to incur due to the delay. This provision is particularly useful in construction contracts where delays can lead to significant financial losses for the project owner. The enforceability of these clauses hinges on several key factors, including the reasonableness of the pre-estimated damages at the time of contract formation and the clear identification of cost elements that the owner expects to incur due to delays. It is crucial to maintain thorough documentation and evidence to support the reasonableness of the liquidated damages and to ensure that the clause is not deemed punitive.

December 14, 2022·24 min read·Listen