Differing Subsurface Conditions
Every experienced marine contractor understands that dealing with differing subsurface conditions are part of the business. Yet I am often surprised when such a contractor and potential new client meets with me to discuss how he can recover the hundreds of thousands dollars in additional costs he has incurred because of those conditions
Obtaining Payment for Changed Conditions on a Private Project
In the last issue I focused on how to document and protect your rights when encountering a differing subsurface condition but stopped short of answering the most important question: how to get paid for your efforts in overcoming those conditions.
When Is a Delay Not a Delay?
It’s the first Saturday in July and I’m sitting at a table in my home that overlooks Buzzards Bay just north of Woods Hole on Cape Cod. It’s a sunny, warm, humid day but a moderate breeze over the water makes it pleasurable. The enjoyment of the day is interrupted by my sudden recall of an email from Chris Smoot
Superior Knowledge
While considering the topic for this month’s article, it struck me that my prior articles have been focused toward how a contractor should protect itself or advance its interests in a claim situation. So I decided that, to be even handed, it would be a good time to focus on how an owner and/or architect/engineer
Calculating the Cost of Extra Work: The Total Cost Approach
In a prior issue we discussed the importance of keeping contemporaneous and accurate time and material records to document the additional costs incurred on account of the potential differing site condition. Whether the differing condition is due to an unanticipated subsurface condition or the stacking of trades caused
Superior Knowledge
While considering the topic for this month’s article, it struck me that my prior articles have been focused toward how a contractor should protect itself or advance its interests in a claim situation. So I decided that, to be even handed, it would be a good time to focus on how an owner and/or architect/engineer
Design Vs. Performance Specification: The Difference And Why It Matters
You may have heard a project specification referred to as either a design specification or a performance specification. In this article I will try to explain the differences between the two and the practical and legal implications of each to both the contractor and the owner.
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