Avoiding Contract Provisions and Construction
Management Practices that Generate Claims
J. Scott Lowe, P.E., Principal
Trauner Consulting Services, Inc.
We all want to avoid claims, but too frequently our contract provisions and construction management practices actually work against us and lead to the generation of claims! The key to successful claims avoidance, once the project contract has been executed, is to provide the project team with the tools it needs to identify problems quickly, measure impacts reliably, and price those impacts fairly in order to resolve changes as they arise and, thus, avoid claims. Although all contract provisions aim to avoid claims, in reality, some of the most significant claim avoidance-related provisions actually generate claims.
This recorded session will identify contract provisions that lead to claims as well as construction management practices that encourage claims. The speaker offers practical solutions and alternatives to these provisions and practices.
This recorded 90-minute program will:
- Define how and why claims arise.
- Identify specifications that encourage claims.
- Identify the top six contract provisions and construction management practices that generate claims
- Describe practical solutions to avoiding claims attributable to these top six provisions and practices
- Discuss contract provisions and practices that generate claims
- Lack of specificity in suspension of work provision
- Time extension requests and their timely resolution
- Use of force account provision to price claims
- Lack of defined procedures to compensate for overhead
- Requirements of claims provisions
- Administrative claims review processes
- Show how to achieve success in spite of these provisions and practices by changing the way owners, contractors, CMs, and designers do business
- And much, much more!
Who Will Benefit?
This recording is a must if you’re a contractor, public or private owner, subcontractor, construction manager, owner’s representative, architect or other design professional writing contracts or providing project oversight services. It would also be beneficial to the attorneys that represent these parties in disputes.
| Meet Your Expert Instructor:  J. Scott Lowe, P.E., is a Principal with Trauner Consulting Services, Inc. His expertise lies in the areas of critical path method scheduling, construction claim preparation and evaluation, dispute resolution, technical document development, contract administration, and cost analysis. He has directed and performed virtually all types of analyses, including delay, productivity and efficiency, including cost and the determination of damages, on varied projects throughout the U.S. and internationally. On many occasions, he has provided expert testimony at deposition, arbitration, and trial.
Scott is the co-author of the books, Construction on Contaminated Sites and Construction Delays: Understanding them Clearly, Analyzing them Correctly, and Construction on Contaminated Sites. He also serves as the Chairman of Construction Association of America’s (CMAA) time management committee, which developed CMAA’s Standard of Practice and Procedures for Time Management. A nationally renowned speaker, he conducts seminars throughout the country on the topics of construction scheduling, claims avoidance and resolution, project management, delays, acceleration, and inefficiency. Scott is a registered professional engineer in Delaware, Florida, Indiana, Louisiana, Maryland, Michigan, North Carolina, Ohio, Pennsylvania, Rhode Island, and Wyoming. He is also a certified Construction Documents Technologist. Scott is an active member of the CMAA, the American Society of Civil Engineers, and an associate member of the Construction Owners Association of America. Before joining Trauner Consulting Services, Inc., he was an officer in the U.S. Navy. He earned a B.S. degree in Civil Engineering from Northwestern University.
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