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LEGAL

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.

Marine Construction Magazine Logo Marine Construction® Magazine publishes Six (6) Issues per year, once every 2-Months. We are by no means your typical publication. With over 30,000 readers, we pride ourselves on covering the topics of “actual usefulness” to our readers. Yes, we are a little unorthodox but…we like it like that. The bottom line is, if you are in the Marine Construction or related industry…you’ve come to the right place.

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