The Bane of All Construction Projects
Stephen A. Hess
Sherman & Howard, L.L.C.
Change orders are an integral part of every construction project, and when they are negotiated, drafted and executed as planned, they present no troubling legal problems. On the other hand, projects are completed with contract administration rules that address change order procedures ranges from substantial compliance at best to reckless indifference at worst. Yet even when changes in work are accomplished with little attention to formal change order procedures, there may be some lingering intuition that the contractor or subcontractor performing changed work should be permitted to compensation as a matter of fair play and equity. Of course, what constitutes “equity” depends on whose money is at stake in the battle over these “noncomplying change orders.”
In this informative 90-minute program, Stephen A. Hess of Sherman & Howard, LLC presents an overview of the rights and responsibilities of the parties with respect to noncomplying change orders -- changes in work that are accomplished without detailed attention to contractual procedures. Listen to this program to:
- Understand standard change order mechanisms utilized by construction agreements
- Learn contract principles regarding and the structure of change orders
- Discover when strict compliance with change order procedures may be excused
- Figure out how different courts vary in their treatment of noncomplying change orders
- Realize what prejudice is and how it's proved
- Find out what “prejudice” might be demonstrated as a defense to noncomplying change orders
- Identify specific protection parties can utilize against noncomplying change orders
- Apply contract administration techniques that enhance the enforceability of change order procedures
- And much, much more!
Who Will Benefit?
This recorded webinar is a must if you’re a contractor, public or private owner, subcontractor, construction manager, owner’s representative, architect or other design professional providing project oversight services. It would also be beneficial to the attorneys that represent these parties in disputes.
This event features key insights from our knowledgeable construction expert:
Sherman & Howard, LLC
Stephen A. Hess has been identified as a Best Lawyer in America in “Construction Law” and in “Litigation – Construction” through his practice with Sherman & Howard, LLC in Colorado. In addition to serving clients on matters around the country, Mr. Hess is an active author, scholar and speaker. He previously served as the Editor of the American Bar Association’s law review The Construction Lawyer, as well as Editor of Construction Briefings, a national construction law review, and has edited national construction law treatises. Mr. Hess has written numerous law review articles on topics covering the breadth of construction law and litigation, has spoken nationally at construction law programs, has written several treatises on litigation-related issues, and is an Adjunct Professor at Sturm College of Law (University of Denver), where he created the school’s Construction Law Seminar. He is a member of the American Arbitration Association’s National Roster of Construction Arbitrators.