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Showing 11 articles tagged Contract Administration · View all 27
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Evaluating EOT claims in construction projects is a complex process that requires a structured and comprehensive approach. By understanding the contractual basis for such claims, employing robust delay analysis techniques, and thoroughly examining all supporting documentation, employers can make informed decisions that protect their interests while maintaining fairness and professionalism.
March 27, 2024·28 min read
"Time is of the essence" is a legal term used in contract law to signify that the performance by one party within the time frame specified in the contract is a critical element of the agreement. Under common law, performance time was not traditionally considered a material term of a construction contract unless explicitly stated by the parties. This blog discusses practical implication of "Time is of the Essence" in construction contracts with Indian Case Law Examples.
July 10, 2025·15 min read·Listen
Among the critical components of effective schedule management is an often overlooked yet indispensable concept: float ownership. When float is mishandled—such as when parties attempt to sequester it or manipulate it for tactical advantage—projects risk delays, cost overruns, and disputes that can escalate into costly legal battles. This blog will explore essential techniques and strategies, from contractual best practices to technological tools that help in tracking and controlling float.
May 10, 2024·37 min read
Misrepresentation claims can have significant implications for construction projects, leading to costly disputes, delays, and potential legal consequences. It is crucial for contractors and employers to be proactive in identifying and mitigating the risk of misrepresentation claims. This can be achieved through thorough contract review, site investigations, clear communication, and the engagement of legal counsel. By implementing preventive measures and establishing robust documentation practices, parties can minimize the likelihood of misrepresentation claims and better protect their interests.
March 27, 2024·12 min read
A GMP contract is a high-trust, "open-book" model that trades the traditional, often adversarial, bidding process for early collaboration and speed. But this speed comes with a unique set of risks. It demands a different mindset from everyone involved—the owner, contractor, and designer. It requires moving from a world where everyone holds their cards close to their chest to one where all cards are laid face-up on the table. Misunderstanding the mechanics of a GMP is one of the most common sources of major construction disputes.
March 10, 2024·16 min read
The decision between pursuing early claims resolution or end-of-project settlement in construction projects is a complex one that requires careful evaluation of project-specific factors. Throughout this blog post, we've explored the potential benefits and drawbacks of each approach, providing practical insights to help construction professionals navigate this critical decision.
December 25, 2023·24 min read·Listen
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
In today's world of fast-track projects, evolving designs, and complex supply chains, LOP is not an exception but an increasingly common and significant risk. It's the disruption of your planned labor efficiency, often caused by a cascade of seemingly small changes that ripple through your entire operation. This blog is your comprehensive guide to navigating this tricky issue. We will move beyond theory to provide a practical framework for understanding, measuring, and proving LOP.
October 10, 2023·17 min read·Listen
Claims prevention involves proactive measures taken throughout the lifecycle of a construction project to avoid disputes and minimize the risk of claims. These measures can be implemented during the design phase, contract preparation, and construction execution. The blog aims to identify potential issues early and address them before they escalate into formal claims.
June 6, 2023·30 min read·Listen
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
Professional indemnity insurance serves as a critical safety net for professionals, protecting them against potential liabilities that may arise from errors, omissions, or breaches of duty. This specialized form of insurance provides vital financial protection, particularly in industries where the consequences of professional mistakes can be severe and far-reaching. As professional standards continue to evolve and legal expectations expand, understanding the intricacies of professional indemnity insurance has become increasingly important for practitioners across various sectors.
April 7, 2022·17 min read·Listen
