claims

Question 1

what is the construction claim?

Answer 1

any of several requests by construction contractor
For compensation over and above the agreed upon project-owner-contractor agreement,
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for alleged work that the contractor has done outside the initial agreed upon scope of work, or
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for work performed within the scope under conditions the contractor did not expect or contract for in the initial agreement

Question 2

how would the owner response to one of these claims?

Answer 2

Often upon receipt of a contractor’s claim, the project owner (or their design firm) will usually counterclaim for contractor non-performance or lack of quality or workmanship.

Question 3

what are some ways that claims may arise from?

Answer 3

• Varied interpretation of contract specifications,
• Unpredictable and somewhat uncontrollable project delays, and
• Non-performance of various firms involved in the construction process

Question 4

what is the invariably at stake that is independent of the cause of the claim?

Answer 4

• The contractor’s profitability, and
• The financial success of the project for the owner

Question 5

what are the two approaches that owners, design firms, and contractors can take?

Answer 5

1) Their efforts can center on taking steps to prevent a claim from even happening
2) On the other hand their efforts can focus on how to create, prepare or defeat a claim

Question 6

what are the two issues that are involved with every construction claim?

Answer 6

liability
financial damages

Question 7

how does a contractor win a claim?

Answer 7

must PROVE liability and damages

Question 8

how does an owner defeat a claim?

Answer 8

they must DISPROVE liability or damages

Question 9

difference between claims vs lawsuits?

Answer 9

A lawsuit relates to a dispute regarding the initial contract agreed to by the owner and contractor.

Question 10

what are the 3 step process to prepare to win a case?

Answer 10

1) Research to familiarize themselves with the problem or case
2) Fact finding and research to include depositions(sworn out-of-court testimony) to prepare for the case
3) Presentation of the case

Question 11

what are the 4 categories to characterize and group construction claims

Answer 11

1) delay claims
2) scope-of-work claims
3) acceleration claims
4) changing site conditions claims

Question 12

what is a delay claim?

Answer 12

Delay claims arise when a contractor is not able to perform their work during the time planned to do the work.