By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B.
Changes in construction are a common occurrence on most projects. Change orders may also generate claims for delays, loss of productivity, increased time, and other costs and claims, by owners, contractors and (even) subcontractors! Competing interests between owners and contractors may also give rise to controversy because claims and changes are almost inevitable on construction projects.
The problems amplify because parties may frequently disagree on their individual views of claims. These conflicting interests of scheduling, budget constraints, and the urgency of day-to-day issues that must be addressed by owners and project managers, seem to encourage adversarial, rather than mutually beneficial, relationships of each of the contracting parties.
Informed construction management, by owners and contractors alike, should be prepared to apply reasonable, essential skills and experience in anticipating and avoiding delays, and resolving costly claims, and needless legal challenges to the mutually successful, on-time completion of every construction project. Some basics are suggested:
When construction claims can arise out of changes in the work, an experienced construction lawyer can assist in the appropriate early avoidance and resolution.
“Where Experience Counts, Count on my Experience”
J. Norman Stark, Attorney*
Architect Emeritus (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue, Cleveland, Ohio 44115
(216) 531-5310 x7100 Cell.:(216) 310-7100 Email: Normstark@aol.com
*Author: The Construction Claims Investigation Worklist®