Why Construction Claims Occur And How To Prevent Them

Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.

Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.

Starting with this catalog, Means offers a select group of references at special prices. These books provide essential information for contractors, design professional, and facilities managers and bring you the expertise of leading authorities. Take advantage of this opportunity to build your reference collection. Demonstrates how to: resolve disputes -- head off claim problems -- manage the claims process, if a claim is inevitable. Includes strategies for evaluating and preparing claims, defending against them, recovering losses, and protecting profits.

Contracts can be your first line of defense against delays. But they have tobe drafted very carefully. Construction Delay Claims gives youan in-depth analysis of all the pertinent clauses and details what they canand can't do to minimize delays and avoid litigation.Construction Delay Claims, Fourth Edition, by Barry B. Brambleand Michael T. Callahan is written for everyone involved with delay and impactconstruction claims--the most common form of disputes in the constructionindustry. You'll find that this resource presents the most thorough, detailedreview of delay claims liability available, including a complete descriptionof the entire process for filing and pursuing claims along with more than1,950 cases and analyses.Construction Delay Claims gives you the information you need todetermine your best course of action. The book presents detailed knowledgedrawn from the authors' thirty-five years of experience in the industry.You'll learn how to anticipate delays and mitigate damages through the use ofadvanced planning and immediate responses by the parties involved. You'll alsoreceive helpful instructions about the best use of construction schedules toavert delays, or to prove their impact if they do occur.Construction Delay Claims keeps you completely up-to-date withthe changes in the construction industry, and the construction litigationprocess. Coverage includes:Effective ways to challenge a claimant's use of the Total Cost Method ofCalculationThe effectiveness of "no damages for delay" clausesThe use of ADR methods to resolve delay claimsThe meaning and implication of concurrent delaysCumulative impact effect of multiple change ordersThe impact and probability of delays in design-build, construction management,and multiple prime contractingLatest research into the effect and measurement of lost productivityThe most recent assessments of how states are applying the Eichleayformula

Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.