ConstructionPro Week, Volume: 2 - Issue: 27 - 07/03/2013

For the Construction Claims Advisor Portion of the Directory:

Having trouble finding that recent ConstructionPro Week (CPW) article about lien-waiver requirements? Can’t remember when CPW ran that story summarizing an attorney’s key advice for effective change-order management? Well, to make it easier for you to find the article you’re looking for, CPW has created a directory of all the headlines -- categorized by subject area -- that WPL Publishing has posted onto its ConstructionPro Network (CPN) website since CPW’s formal launch one year ago this month.

 

Below are the headlines within the Construction Claims Advisor portion of the directory:

 

  

BIDDING

 

Is Bid Listing a One-Way Street for Subcontractors? (CPW, May 3, 2013)

 

Should Bidder Responsibility Documents Be Required upon Bid Submittal? (CPW, Oct. 22, 2012)


The Right to Waive Bid Irregularities: A License to Manipulate? (CPW, Aug. 13, 2012)


 

 

BONDING AND INSURANCE

 

Can Change Orders Jeopardize Bond Protection? (CPW, Dec. 21, 2012)


Do Subcontractors Have Adequate Payment Protection? (CPW, Aug. 20, 2012)


Why Do Project Owners Keep Forfeiting their Performance Bond Rights? (CPW, Aug. 1, 2012)


 

 

CHANGED WORK

 

Do ‘Order of Precedence’ Clauses Set Things Straight? (CPW, June 14, 2013)


Does the Concept of an ‘Equitable Price Adjustment’ Make Sense? (CPW, April 26, 2013)


What Happens When Change Order Procedures are Ignored? (CPW, April 5, 2013)


Can Fixed-Price Design-Build Contracts be Fairly Priced? (CPW, March 15, 2013)


What Happens When the Written Contract Deviates from the Solicitation? (CPW, Feb. 8, 2013)


Are Cash Allowances a Solid Contracting Practice? (CPW, Jan. 25, 2013)


Performance Specifications: The Ultimate Owner Disclaimer? (CPW, Nov. 28, 2012)


Are Change Orders Really Comprehensive and Final? (CPW, Nov. 19, 2012)


Should Change Order Administration Be Recovered as a Cost of Contract Performance? (CPW, Oct. 15, 2012)


Is the ‘Total Cost Method’ for Quantifying Construction Claims Fair? (CPW, Oct. 1, 2012)


Are Alternate Bid Items Worth the Confusion? (CPW, Aug. 6, 2012)
 

 

 

CLAIMS ADMINISTRATION AND RESOLUTION

 

Are Design Professionals Functioning as Unlicensed Contractors? (CPW, June 21, 2013)

 

Do Rogue Arbitrators Ignore the Law? (CPW, May 24, 2013)


What Happens When Change Order Procedures are Ignored? (CPW, April 5, 2013)


When Does Bad-Mouthing the Competition Become Defamation? (CPW, March 29, 2013)


Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims? (CPW, March 22, 2013)


Do You Review Every Page of Every Document? (CPW, March 1, 2013)


Do Contractors Ever Actually Read the Arbitration Rules? (CPW, Feb. 1, 2013)


Can Change Orders Jeopardize Bond Protection? (CPW, Dec. 21, 2012)


Is the Withholding of Liquidated Damages a ‘Claim’? (CPW, Dec. 14, 2012)


Should All Documents on Public Contracts Be Public Information (CPW, Oct. 29, 2012)


Should Change Order Administration Be Recovered as a Cost of Contract Performance? (CPW, Oct. 15, 2012)


Is the Best Defense Always a Good Offense? (CPW, Oct. 8, 2012)


Notice of Claim Requirements: An Unreasonable Stumbling Block for Contractors? (CPW, Sept. 10, 2012)


What Are the Pitfalls of Ignoring Scheduling-Update Requirements? (CPW, July 23, 2012)


 

 

DAMAGES

 

Are Project Owners Abusing Termination-for-Convenience Clauses? (CPW, May 31, 2013)


Should Contractors Be Allowed to Offer Early Completion? (CPW, May 10, 2013)


Is the Withholding of Liquidated Damages a ‘Claim’? (CPW, Dec. 14, 2012)


Are Change Orders Really Comprehensive and Final? (CPW, Nov. 19, 2012)


Are Deductive Change Orders Being Abused? (CPW, Sept. 3, 2012)


 

 

DISCLAIMERS

 

Is It ‘Acceleration’ When the Contractor Must Complete the Job on Time? (CPW, Jun e 28, 2013)


Is Tight Interpretation of Disclaimers Consistent with Intent of Contract? (CPW, Jan. 18, 2013)


Are Limitation-of-Liability Clauses Used Fairly? (CPW, Nov. 12, 2012)


Are No-Damage-for-Delay Clauses Regaining Credibility? (CPW, Sept. 18, 2012)


Limitation of Liability Clauses: Are They Fair? (CPW, July 16, 2013)


 

 

DRAWINGS AND SPECIFICATIONS

 

Do ‘Order of Precedence’ Clauses Set Things Straight? (CPW, June 14, 2013)


Does Fast-Track Construction Jeopardize Cost Control? (CPW, May 17, 2013)


Can Fixed-Price Design-Build Contracts be Fairly Priced? (CPW, March 15, 2013)


Performance Specifications: The Ultimate Owner Disclaimer? (CPW, Nov. 28, 2012)


 

 

LIENS

 

Are Lien Waiver Requirements Consistently Enforced? (CPW, Feb. 15, 2013)


 

 

NEGLIGENCE

 

Why are Contractual Claim Procedures so Important? (CPW, April 19, 2013)


 

 

NOTICE

 

Why Do Project Owners Keep Forfeiting their Performance Bond Rights? (CPW, Aug. 1, 2012)


 

 

PRICING AND PAYMENT

 

Do Joint Check Agreements Cause Unexpected Problems? (CPW, June 7, 2013)


Does Fast-Track Construction Jeopardize Cost Control? (CPW, May 17, 2013)


Does the Concept of an ‘Equitable Price Adjustment’ Make Sense? (CPW, April 26, 2013)


Are Subcontract Payment Procedures Waiving the Pay-if-Paid Clause? (CPW, April 12, 2013)


Can Parties Knowingly Exploit Unlicensed Contractors? (CPW, Feb. 22, 2013)


Are Lien Waiver Requirements Consistently Enforced? (CPW, Feb. 15, 2013)


Are Cash Allowances a Solid Contracting Practice? (CPW, Jan. 25, 2013)


Does ‘Plain Language’ Terminology Enhance the Enforceability of Contract Clauses? (CPW, Jan. 11, 2013)


Why Is Substantial Completion So Significant? (CPW, Jan. 4, 2013)


Must All Costs Be Itemized and Documented? (CPW, Nov. 5, 2012)


Assurance of Payment: When Is It Fraudulent? (CPW, Aug. 27, 2012)


Do Subcontractors Have Adequate Payment Protection? (CPW, Aug. 20, 2012)


 

 

SCHEDULING AND DELAY

 

Is It ‘Acceleration’ When the Contractor Must Complete the Job on Time? (CPW, Jun e 28, 2013)


Should Contractors Be Allowed to Offer Early Completion? (CPW, May 10, 2013)


Is Tight Interpretation of Disclaimers Consistent with Intent of Contract? (CPW, Jan. 18, 2013)


Is the Withholding of Liquidated Damages a ‘Claim’? (CPW, Dec. 14, 2012)
 

Is Flexible Scheduling Prudent? (CPW, Dec. 7, 2012)


Are Change Orders Really Comprehensive and Final? (CPW, Nov. 19, 2012)


Are No-Damage-for-Delay Clauses Regaining Credibility? (CPW, Sept. 18, 2012)


What Are the Pitfalls of Ignoring Scheduling-Update Requirements? (CPW, July 23, 2012)


 

 

SITE CONDITIONS

 

Why are Contractual Claim Procedures so Important? (CPW, April 19, 2013)


Are Owners Working at Cross Purposes with Site Data? (CPW, March 8, 2013)


When Do Site Conditions Actually Differ from Contract Representations? (CPW, Sept. 24, 2012)


 

 

SUBCONTRACTORS AND SUPPLIERS

 

Are Design Professionals Functioning as Unlicensed Contractors? (CPW, June 21, 2013)


Do Joint Check Agreements Cause Unexpected Problems? (CPW, June 7, 2013)


Is Bid Listing a One-Way Street for Subcontractors? (CPW, May 3, 2013)


Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims? (CPW, March 22, 2013)


Do You Review Every Page of Every Document? (CPW, March 1, 2013)


Can Parties Knowingly Exploit Unlicensed Contractors? (CPW, Feb. 22, 2013)


Are Lien Waiver Requirements Consistently Enforced? (CPW, Feb. 15, 2013)


What Happens When the Written Contract Deviates from the Solicitation? (CPW, Feb. 8, 2013)


Is Tight Interpretation of Disclaimers Consistent with Intent of Contract? (CPW, Jan. 18, 2013)


Does ‘Plain Language’ Terminology Enhance the Enforceability of Contract Clauses? (CPW, Jan. 11, 2013)


Is Flexible Scheduling Prudent? (CPW, Dec. 7, 2012)

 

Are Limitation-of-Liability Clauses Used Fairly? (CPW, Nov. 12, 2012)


Are Deductive Change Orders Being Abused? (CPW, Sept. 3, 2012)


Assurance of Payment: When Is It Fraudulent? (CPW, Aug. 27, 2012)


Do Subcontractors Have Adequate Payment Protection? (CPW, Aug. 20, 2012)


Are Alternate Bid Items Worth the Confusion? (CPW, Aug. 6, 2012)


 

 

TERMINATION

 

Are Project Owners Abusing Termination-for-Convenience Clauses? (CPW, May 31, 2013)


 

 

WAIVER/WAIVER AND RELEASE

 

Are Subcontract Payment Procedures Waiving the Pay-if-Paid Clause? (CPW, April 12, 2013)


Do Subcontractors Have Adequate Payment Protection? (CPW, Aug. 20, 2012)

 

COMMENTS

 









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