Construction projects are riddled with risk. Differing site conditions, changes, delays, bad weather, potential cash flow problems, and claims, to name a few. Good construction contracts should help to reduce the risks of uncertainty by planning and predicting how to deal with problems.
Almost any problem on a construction project can be traced to one of two things: changes or delays (even delays are really just changes). As in life, embrace and manage the change don’t run from it.
For Contractors:
- Understand and apply the changes clause in your contract;
- Provide written notice;
- Keep working on unchanged work to mitigate delays (read more);
- Confirm your entitlement under the contract terms;
- Track and timely present your estimated and actual costs to the Owner; and
- Timely present a complete and well-reasoned story about the change to the Owner.
For Owners:
- Understand and follow the changes clause in your contract (you probably have obligations even if you disagree there is a change);
- Clearly communicate in writing your complete or partial (dis)agreement with a change; and
- Timely and reasonably review and consider claims or change proposals (you have more control during the Project than afterwards).
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Jonathan J. Straw
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