Building Construction: Light and Air Study

12/17/2012· Construction

The Importance and Value of "Notice" Provisions in Construction Contracts

By: Long International

Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.

12/29/2010· Construction

Case Study: Certificate Of Occupancy Rescinded

By: Clinton J. Ford

A local Mortgage Company referred an Attorney to one of their clients because they were having construction problems. Their clients did not want the final disbursements made until these issues were resolved.

3/12/2018· Construction

Proving the Cause-Effect Linkage

By: Long International

Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.