CONSTRUCTION LAWLETTERS

FOR INDUSTRY PROFESSIONALS, MANAGERS, TRADES & SUPPLIERS

J. NORMAN STARK, ATTORNEY-AT-LAW

JURIS DOCTOR, B. ARCHITECTURE, B.F.A

Vol. 1NS (New Series), Issue 7 (Initial Publication, July 1996)  July, 1998

CONSTRUCTION CLAIMS-CLASSIFICATION

CONSTRUCTIVE CHANGES
Construction Documents; Subsurface Different From Expected Drawings & Specifications
Error(s)
Omission(s)
Ambiguities
Misinterpretation
Misrepresentation(s)

Interpretation
Error
Higher/Lower Stds.
Improper Rejection

Project Management
Changed Access
Changed Sequence
Changed Method
Changed Manpower
Changed Trades, Quality

Non-Disclosure / Concealment

Impracticability / Illegality

Impossibility / Force Majeuer


CHANGED CONDITIONS
Subsurface Different From Expected
Rock
Boulders
Shale
Water
Hazardous Waste
Permafrost
Contamination

Subsurface Materials Different From Expected
Harder
Softer
Wetter
Unstable
Contaminated

SCHEDULE CHANGES
By Owner
Failure to Timely Obtain Financing
Suspends Work
Terminates Work
Revised Schedule
Lack of Timely Approval
Lack of Timely Selection
Lack of Timely Payment

By Contractor(s)
Poor Productivity
Revised Schedule
Subcontractor Failure
Supplier Failure
Suspends Work
Terminates Work
Labor/Material / Supply Shortages

By Subcontractor(s)
(Some and/or all of above.)

By Supplier(s)
(Some and/or all of above.)

DELAYS
By Owner
Late Financing/ Mortgage Funds, Approval
Late Key Tenant Approval
Late Governmental Approvals
Late Shop Drawing Approvals
Utilities Not Available
Directed Manpower Reduction
Directed Slowdown
Union Disputes / Lockouts
Concealed, Latent Conditions

By Contractor
Late Governmental Approvals
Late Shop Drawing Approvals
Utilities Not Avail.
Removal / Rework
Lack of Productivity Improper or Poor Sequencing
Improper Project Management
Late Purchases & Procurement
Late Deliveries
Lack of Manpower By Subcontractors and/or Suppliers (Same As Above)

ACCELERATION
By Owner and/or

By General Contractor and/or

By Lessee and/or

By Lender, Others

Required
Directed
Owner-Enforced Completion
Date Enforced, Despite Excusable Delays
Unreasonable
Punitive
Business Duress
Coercive
Discriminatory

MISCELLANEOUS
Material Breach(es)
Scope Changes
Time Changes
Price / Paymnt Changes
Changes in Timely Paymnt / Paymnt of Changes
Refusal to Accept/Approve Completed Work
Premature Occupancy / Tenancy
Cardinal Change(s)
Wrongful Termination / Discharge
Labor Disputes / Jurisdictional Problems
Business Dissolution, Bankruptcy

* * *


Author:  J. NORMAN STARK is an Attorney-at-Law, a Registered Architect, (AIA, NCARB) Registered Landscape Architect, Interior Designer, Planner and Senior Appraiser (ASA), admitted to practice law before the Bar of Ohio, the US District Courts, Ohio and Illinois (Central Dist.), the US Court of Appeals, and the United States Supreme Court. He has had experience in business, Construction, Real Property, Litigation and Construction-Legal Project and Crisis Management.

 


A Licensed Professional Association

17000 St. Clair Avenue
Cleveland, Ohio 44110-2535
Tel: (216) 531-5310
Fax: (888) 833-5860

Email: NormStark@aol.com


 

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