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6 Potential Construction Claims You Could Face

February 27, 2014 by · Leave a Comment 

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Working construction carries enough physical hazards to keep workers on their toes, but the legal pitfalls are just as prevalent. There are a number of problems that can spring up on-site, from a faulty tool to a worker who refuses to show up on time. Remember that if anyone does file a claim against you, construction advisory services can help resolve the situation with expert testimony from accredited sources.

Acceleration

When a contract is signed, there are certain items stipulated that must be fulfilled. For instance, a contract has a date that it ends. This is supposed to cover the amount of time the company believes the work will take to complete, and helps set an expectation of when that work is completed. For a variety of reasons, it is possible to finish work ahead of schedule. Acceleration applies to all aspects of the project, from design to engineering.

The burden for the contractor is proving that it took actions to increase the units of work for the day/week/month in question.

Constructive Change

Sometimes plans change without warning. Maybe a certain material is preferable to another, or design constraints did not become evident until construction was started. Whichever case, the performance requirements on the contract were changed. In situations like these, and with the help of construction claims experts, courts have ruled that contractors have the right to seek compensation when these changes are made.

Contract Termination

If a contract was agreed upon before construction begins, and then is canceled for any reason the contractor can recoup some of those expected profits. The contractor may also go after the difference in the revenue earned from the work and the cost to do the work (including materials). If the work was completed prior to the contract cancellation, the contractor is usually entitled to claim all of the work.

Schedule Delay

When a project has a planned timeline that gets postponed, for any reason, a schedule delay occurs. Even if a project requires only a few extra days to complete. In these situations, the party at fault would be responsible for the loss.

Differing Site Conditions

The contract also indicates the condition of the site, which has a heavy bearing on the quality of work that can be done. Sometimes, these changes result in an adjustment to the work flow or worse. In some cases, work cannot continue at all. The contractor would be entitled to recover some compensation for the planning and work leading up to the project.

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is a steel fabrication expert with extensive experience in the construction industry. For help with construction claims, contact Lyle Charles.

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