Disputes & Claims, Alt. Dispute Res'n, Defective Docs & changes Flashcards
What are some results of disputes?
Delays
Loss of quality
Legal expenses
Bad will
Loss of reputation
What are some typical causes of disputes?
Scope changes
Vague language
Misunderstandings
Project complexity
Litigation definition:
Process of taking legal action
List steps of how problems turn into litigations.
Problems
Disagreements
Disputes
Conflict
Litigation
Things to do to prevent disputes
Leadership and relationship building
Clear communication of objectives
Effective communication
What are some dispute resolution techniques?
Step negotiations
Standing neutral
Neutral expert
What are some conflict resolution techniques?
Advisory opinion
Mediation
Mini trial
Arbitration
Arbitration definition:
Use of arbitrator to settle a dispute
What are the controlled escalation steps for resolving disputes on jobsite?
Negotiation
Step negotiation
Dispute review board
What happens when disputes leave jobsite?
Lawyers get involved
Parties become entrenched in their positions
Effort to resolve escalates
Additional resources required
Common options for resolving disputes off the jobsite are:
Mediation
Arbitration
Trial
Mediation is:
use of neutral third party to resolve a dispute
In regards to scheduling with contract management, these should be paid attention to:
- Contract should indicate who is responsible for schedule prep, maintenance, and administration
- Conduct a timely review and approve “as planned” schedule
- Know what contract terms affect the schedule, such as “no damage for delay”
What are some contractual clauses that cause disputes?
Work scope def’ns
Changes
Controls (monitor & approve project performance, payment, schedule)
What are some things to do to avoid disputes?
Avoid vague language
Negotiate changes
avoid no damage for delays clauses
Include DSC clauses
What are the causes of defective documents?
Lack of design and engineering expertise
Inadequate time for prep of plans & specs
Budget constraints
What are some results of defective documents?
Errors, revisions of drawings
Addenda, RFIs
Delays, disruptions, inefficiencies
Failures & injuries
Definition of change?
Either a bilateral agreement b/w owner and GC or a unilateral order from owner to alter the contract docs
What are the three classifications of changes? And their definitions?
Directed change: Owner directs, contractor complies
Constructive change: Not an ordered change, ex: accelerating work when not given extension
Cardinal change: Modification beyond scope of contract
What are some difficulties a contractor may experience due to contract changes?
Inadequate compensation
Little time allowance for delays
Excessive changes impact contract work
What are some difficulties an owner may experience due to contract changes?
Excessive pricing
Overrun of budget
Drain owner’s resources negotiating cost and time
Causation def’n:
Prove of evidence and facts
What are some types of entitlement under construction contract law?
DSC
Defective & deficient contract docs
Cardinal Change
Constructive change
Directed change
Delay
Acceleration
Weather
Strikes
Suspension
Termination
What are the four forms of delays?
Compensable
Excusable
Non-compensable
Concurrent
