On February 16, construction law attorney, Mike Madigan hosted an in-house seminar discussing construction claim management + project documentation. The seminar focused on the steps to make a claim, key project documentation considerations, and dealing with a claim from the perspectives of the owner, the CM, and the subcontractor.
The contractor can submit a claim to the engineer within 28 days of an event occurring or its effects ending. The contractor must then submit details of the claim within 42 days, or a period agreed with the engineer. If the engineer rejects the claim or does not respond, either party can refer the dispute to the dispute board for resolution.
A thorough analysis of FIDIC and it implication on COnstruction industry explained in this presentation for the beginners. It has been broken down to simplified version
The document discusses various types of claims that can arise in construction contracts, including contractual claims, extra contractual claims, quantum merit claims, ex-gratia claims, and counter claims. It emphasizes the importance of properly preparing and presenting claims by outlining the burden of proof, establishing the legal basis, and providing supporting evidence and facts. Claims must be substantiated with documentation like correspondence, meeting records, site diaries, programs and payment records.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
The document discusses claims and disputes in construction projects. It defines a claim as a request for payment or entitlements under the contract terms. Claims generally arise due to situations where a party has not fulfilled their contractual obligations. There are different types of claims such as those due to changes by the employer, delays, disruptions, defective specifications, and differing site conditions. Claims must have a basis in the contractual clauses or common law. Key contract clauses relate to areas like access to site, cooperation of parties, unforeseeable conditions, delays, testing, and taking over of works.
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
FIDIC is an international federation of consulting engineers that publishes standard forms of contract. It was founded in 1913 and is headquartered in Geneva. Some of FIDIC's most well-known standard forms include the Red, Yellow, and Silver Books. The Red Book covers construction projects, the Yellow Book covers electrical and mechanical works, and the Silver Book covers EPC/turnkey projects. FIDIC contracts establish important procedures like priority of contract documents, the engineer's role, extensions of time, insurance requirements, and dispute resolution processes involving negotiation, mediation, and arbitration.
This document outlines the major steps and timeline under FIDIC contracts. It shows that interim payments are submitted by the contractor within 28 days and must be certified by the engineer within 56 days, with the employer then having 42 days to pay. If payment is not made, the contractor can suspend work or terminate the contract with 14-21 days notice. It also describes the process for submitting a statement at completion within 84 days, making the final payment, and returning the performance security within 21 days of remedying defects. The dispute resolution process under FIDIC is also summarized, showing referral of disputes to the DAB and then potential arbitration.
The contractor can submit a claim to the engineer within 28 days of an event occurring or its effects ending. The contractor must then submit details of the claim within 42 days, or a period agreed with the engineer. If the engineer rejects the claim or does not respond, either party can refer the dispute to the dispute board for resolution.
A thorough analysis of FIDIC and it implication on COnstruction industry explained in this presentation for the beginners. It has been broken down to simplified version
The document discusses various types of claims that can arise in construction contracts, including contractual claims, extra contractual claims, quantum merit claims, ex-gratia claims, and counter claims. It emphasizes the importance of properly preparing and presenting claims by outlining the burden of proof, establishing the legal basis, and providing supporting evidence and facts. Claims must be substantiated with documentation like correspondence, meeting records, site diaries, programs and payment records.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
The document discusses claims and disputes in construction projects. It defines a claim as a request for payment or entitlements under the contract terms. Claims generally arise due to situations where a party has not fulfilled their contractual obligations. There are different types of claims such as those due to changes by the employer, delays, disruptions, defective specifications, and differing site conditions. Claims must have a basis in the contractual clauses or common law. Key contract clauses relate to areas like access to site, cooperation of parties, unforeseeable conditions, delays, testing, and taking over of works.
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
FIDIC is an international federation of consulting engineers that publishes standard forms of contract. It was founded in 1913 and is headquartered in Geneva. Some of FIDIC's most well-known standard forms include the Red, Yellow, and Silver Books. The Red Book covers construction projects, the Yellow Book covers electrical and mechanical works, and the Silver Book covers EPC/turnkey projects. FIDIC contracts establish important procedures like priority of contract documents, the engineer's role, extensions of time, insurance requirements, and dispute resolution processes involving negotiation, mediation, and arbitration.
This document outlines the major steps and timeline under FIDIC contracts. It shows that interim payments are submitted by the contractor within 28 days and must be certified by the engineer within 56 days, with the employer then having 42 days to pay. If payment is not made, the contractor can suspend work or terminate the contract with 14-21 days notice. It also describes the process for submitting a statement at completion within 84 days, making the final payment, and returning the performance security within 21 days of remedying defects. The dispute resolution process under FIDIC is also summarized, showing referral of disputes to the DAB and then potential arbitration.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
A case study of Delay Analysis of construction project: Al Kut Olympic Stadiu...Gaurav Verma
This document summarizes a case study on delay analysis for the construction of the Al Kut Olympic Stadium project in Iraq. The study identified major causes of delay including changes to the foundation design and lack of drainage infrastructure. It analyzed project schedules and resources using Microsoft Project software. The results showed additional time delays of 265 days and cost overruns. Problems included design changes, lack of coordination between project parties, and canceled activities. The summary concludes effective planning and maintaining consistent project teams can help minimize delays on similar projects.
The document discusses contract payments and variations for a construction management and supervision training program. It defines contract payments, advance payments, interim payments, final certificates, and retention. It describes the authority levels of the engineer, engineer's representative, and employer for approving payments. It also defines what constitutes a variation, references the relevant ICTAD documents for variations procedures, and outlines the authority and process for approving variations, including NWSDB's procedure.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
Training Slides of Extension of Time (EOT) & Related Costs in Construction, in fullfillment of Delay Claim Expert.
Some Key-Points:
- Contentious Issues in Delay Analysis
- The SLC Protocol
For further information regarding the course, please contact:
info@asia-masters.com
www.asia-masters.com
EPC contracts involve a single contractor providing engineering, procurement, and construction services, taking on cost risk. EPCM contracts involve a management contractor overseeing engineering, procurement, and multiple construction contractors hired directly by the owner, distributing cost risk. Key differences between the models include whether the single EPC contractor or owner directly contracts suppliers and builders, and whether cost overruns and savings are borne by the contractor or owner. Overall EPC contracts tend to cost more but involve less administration for the owner, while EPCM contracts cost less but require more owner involvement and staffing.
Disputes and Claims in Engineering Contracts - 18.07.07.pptNesrElhandasa1
This document discusses engineering contracts, causes of disputes, and remedies. It covers key topics like interpretation of contracts, breach of contract, damages, arbitration, and case studies. Some main points:
- Disputes can arise from gaps in contract interpretation, breach of terms, force majeure events, or claims for work done without a fixed price.
- Breaches by owners include delays in payments, site access, or design approvals. Breaches by contractors include delays, defective work, or unauthorized subcontracting.
- Remedies for breach include damages, specific performance orders, or injunctions. Damages must be proven and cannot be remote or indirect.
- Disputes over delayed completion or
The document is the tender and contract conditions for the construction of a building in Liwan, Dubai. It includes instructions to tenderers on submitting the tender, requirements for site visits, and clarification of contract documents. The tender must include supporting documents such as proof of a site visit and a tender bond. The employer reserves the right to accept or reject any part of the tender. The tenderer is responsible for understanding all project requirements and conditions. No changes can be made to the tender documents except for filling in blanks.
Time management in fidic red book 2017(prmg080 project)mohamed Ismail
The document discusses time management under the FIDIC Red Book 2017 construction contract. It outlines the key project parties, including the engineer, employer, and contractor. It then examines various time-related clauses such as the time for completion, commencement and delays, extensions of time, suspension, resumption of work, and delay damages. The payment process and typical payment events are also summarized. Finally, the document reviews FIDIC's dispute resolution provisions, including the process for claims, references to the dispute adjudication board, and potential arbitration.
Contracts & Claims Management Workshop (Session-1)Tahir B Mirza
The document provides guidelines for identifying, documenting, and presenting construction claims. It discusses objectives of keeping accurate records to support potential claims related to delays, disruptions or other contract issues. Key points covered include rules of engagement for contractors, identifying claim-worthy events, maintaining thorough documentation, and properly establishing a claim's entitlement and quantum or monetary value. The presentation provided templates for organizing supporting records and a general format for submitting a formal claim, including an executive summary, entitlement and quantum analyses, and factual exhibits.
Contract administration involves managing the agreement between an employer/client and contractor to ensure objectives are met on time and within budget. It also requires monitoring performance for deficiencies and resolving conflicts. Key stakeholders in a construction project include design teams, clients, contractors, and project managers. Managing contract risk involves identifying, analyzing, evaluating, and treating risks, as well as monitoring risks over time. Disputes can be resolved through negotiation between parties or mediation with a neutral third party to reach an agreed settlement.
FIDIC is an international federation of consulting engineers established in 1913. It publishes standard form construction contracts known by the color of their covers, such as the Red Book. The document discusses the history and evolution of FIDIC contracts, describing various contract forms like the Red Book, Yellow Book, and Silver Book. It also discusses the roles of consulting engineers and the Consulting Engineers Association of India, the Indian affiliate of FIDIC.
The document outlines various clauses related to CPWD contracts, including:
1) Compensation for delays in work - contractors are liable to pay 1.5% per month of the tender value for delays, up to a maximum of 10%.
2) Incentives for early completion - contractors can earn a bonus of up to 5% of the tender value for completing work ahead of schedule.
3) Determination of contracts before completion for reasons like delays, poor workmanship, or violation of contract terms.
4) Dispute resolution involves escalating unresolved disputes from the site engineer to the chief engineer and then to arbitration if needed.
NEC4 overview: key changes and impacts - Birmingham, September 2017Browne Jacobson LLP
This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
The document discusses pre-qualification of contractors for construction projects. It describes the typical stages of pre-qualification which include inviting applicants, selecting tenders, evaluating applicants based on criteria like experience, equipment, finances, and litigation history, selecting a suitable applicant, and forming a contract. Key criteria for evaluating applicants are also explained such as financial capacity, experience, technical capacity, and litigation history. An example matrix for analyzing and selecting contractors is provided. The use of standard bidding documents from ICTAD is also discussed. Lump sum contracts are described as being dependent on firm quantities and specifications in the bidding documents. Risks to contractors from price fluctuations in lump sum contracts are noted.
This document discusses types of construction delays and methods for analyzing delays on a construction project schedule. It defines excusable delays as those outside the contractor's control, and non-excusable delays as those within the contractor's control, such as late subcontractors. It also describes various schedule analysis methods from simple comparisons to more complex contemporaneous period analysis using windows, and notes their data requirements, effort/cost, and accuracy.
Extension of Time (EoT) in Construction Project presentationAyush Joshi
The document discusses extension of time (EOT) in construction projects. It outlines factors that can cause delays and qualify for an EOT, including weather, site conditions, design issues, and delays by owners or other contractors. It also summarizes requirements for applying for and approving EOTs according to standard contract forms and Nepalese law. Contractors must apply before the deadline and prove delays were outside their control. EOT approval depends on the length of extension needed and requires investigation by the owner. Liquidated damages may be assessed for contractor delays, but contracts also provide rewards for early completion.
In Pharma and Biotech, Weightage of the Documentation is around 70 % because as per FDA "If you do not have Document, You dint have do it."
So Good Documentation Practice is of tremendous importance for the Industry to comply any regulation like FDA, GMP or ISO.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
A case study of Delay Analysis of construction project: Al Kut Olympic Stadiu...Gaurav Verma
This document summarizes a case study on delay analysis for the construction of the Al Kut Olympic Stadium project in Iraq. The study identified major causes of delay including changes to the foundation design and lack of drainage infrastructure. It analyzed project schedules and resources using Microsoft Project software. The results showed additional time delays of 265 days and cost overruns. Problems included design changes, lack of coordination between project parties, and canceled activities. The summary concludes effective planning and maintaining consistent project teams can help minimize delays on similar projects.
The document discusses contract payments and variations for a construction management and supervision training program. It defines contract payments, advance payments, interim payments, final certificates, and retention. It describes the authority levels of the engineer, engineer's representative, and employer for approving payments. It also defines what constitutes a variation, references the relevant ICTAD documents for variations procedures, and outlines the authority and process for approving variations, including NWSDB's procedure.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
Training Slides of Extension of Time (EOT) & Related Costs in Construction, in fullfillment of Delay Claim Expert.
Some Key-Points:
- Contentious Issues in Delay Analysis
- The SLC Protocol
For further information regarding the course, please contact:
info@asia-masters.com
www.asia-masters.com
EPC contracts involve a single contractor providing engineering, procurement, and construction services, taking on cost risk. EPCM contracts involve a management contractor overseeing engineering, procurement, and multiple construction contractors hired directly by the owner, distributing cost risk. Key differences between the models include whether the single EPC contractor or owner directly contracts suppliers and builders, and whether cost overruns and savings are borne by the contractor or owner. Overall EPC contracts tend to cost more but involve less administration for the owner, while EPCM contracts cost less but require more owner involvement and staffing.
Disputes and Claims in Engineering Contracts - 18.07.07.pptNesrElhandasa1
This document discusses engineering contracts, causes of disputes, and remedies. It covers key topics like interpretation of contracts, breach of contract, damages, arbitration, and case studies. Some main points:
- Disputes can arise from gaps in contract interpretation, breach of terms, force majeure events, or claims for work done without a fixed price.
- Breaches by owners include delays in payments, site access, or design approvals. Breaches by contractors include delays, defective work, or unauthorized subcontracting.
- Remedies for breach include damages, specific performance orders, or injunctions. Damages must be proven and cannot be remote or indirect.
- Disputes over delayed completion or
The document is the tender and contract conditions for the construction of a building in Liwan, Dubai. It includes instructions to tenderers on submitting the tender, requirements for site visits, and clarification of contract documents. The tender must include supporting documents such as proof of a site visit and a tender bond. The employer reserves the right to accept or reject any part of the tender. The tenderer is responsible for understanding all project requirements and conditions. No changes can be made to the tender documents except for filling in blanks.
Time management in fidic red book 2017(prmg080 project)mohamed Ismail
The document discusses time management under the FIDIC Red Book 2017 construction contract. It outlines the key project parties, including the engineer, employer, and contractor. It then examines various time-related clauses such as the time for completion, commencement and delays, extensions of time, suspension, resumption of work, and delay damages. The payment process and typical payment events are also summarized. Finally, the document reviews FIDIC's dispute resolution provisions, including the process for claims, references to the dispute adjudication board, and potential arbitration.
Contracts & Claims Management Workshop (Session-1)Tahir B Mirza
The document provides guidelines for identifying, documenting, and presenting construction claims. It discusses objectives of keeping accurate records to support potential claims related to delays, disruptions or other contract issues. Key points covered include rules of engagement for contractors, identifying claim-worthy events, maintaining thorough documentation, and properly establishing a claim's entitlement and quantum or monetary value. The presentation provided templates for organizing supporting records and a general format for submitting a formal claim, including an executive summary, entitlement and quantum analyses, and factual exhibits.
Contract administration involves managing the agreement between an employer/client and contractor to ensure objectives are met on time and within budget. It also requires monitoring performance for deficiencies and resolving conflicts. Key stakeholders in a construction project include design teams, clients, contractors, and project managers. Managing contract risk involves identifying, analyzing, evaluating, and treating risks, as well as monitoring risks over time. Disputes can be resolved through negotiation between parties or mediation with a neutral third party to reach an agreed settlement.
FIDIC is an international federation of consulting engineers established in 1913. It publishes standard form construction contracts known by the color of their covers, such as the Red Book. The document discusses the history and evolution of FIDIC contracts, describing various contract forms like the Red Book, Yellow Book, and Silver Book. It also discusses the roles of consulting engineers and the Consulting Engineers Association of India, the Indian affiliate of FIDIC.
The document outlines various clauses related to CPWD contracts, including:
1) Compensation for delays in work - contractors are liable to pay 1.5% per month of the tender value for delays, up to a maximum of 10%.
2) Incentives for early completion - contractors can earn a bonus of up to 5% of the tender value for completing work ahead of schedule.
3) Determination of contracts before completion for reasons like delays, poor workmanship, or violation of contract terms.
4) Dispute resolution involves escalating unresolved disputes from the site engineer to the chief engineer and then to arbitration if needed.
NEC4 overview: key changes and impacts - Birmingham, September 2017Browne Jacobson LLP
This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
The document discusses pre-qualification of contractors for construction projects. It describes the typical stages of pre-qualification which include inviting applicants, selecting tenders, evaluating applicants based on criteria like experience, equipment, finances, and litigation history, selecting a suitable applicant, and forming a contract. Key criteria for evaluating applicants are also explained such as financial capacity, experience, technical capacity, and litigation history. An example matrix for analyzing and selecting contractors is provided. The use of standard bidding documents from ICTAD is also discussed. Lump sum contracts are described as being dependent on firm quantities and specifications in the bidding documents. Risks to contractors from price fluctuations in lump sum contracts are noted.
This document discusses types of construction delays and methods for analyzing delays on a construction project schedule. It defines excusable delays as those outside the contractor's control, and non-excusable delays as those within the contractor's control, such as late subcontractors. It also describes various schedule analysis methods from simple comparisons to more complex contemporaneous period analysis using windows, and notes their data requirements, effort/cost, and accuracy.
Extension of Time (EoT) in Construction Project presentationAyush Joshi
The document discusses extension of time (EOT) in construction projects. It outlines factors that can cause delays and qualify for an EOT, including weather, site conditions, design issues, and delays by owners or other contractors. It also summarizes requirements for applying for and approving EOTs according to standard contract forms and Nepalese law. Contractors must apply before the deadline and prove delays were outside their control. EOT approval depends on the length of extension needed and requires investigation by the owner. Liquidated damages may be assessed for contractor delays, but contracts also provide rewards for early completion.
In Pharma and Biotech, Weightage of the Documentation is around 70 % because as per FDA "If you do not have Document, You dint have do it."
So Good Documentation Practice is of tremendous importance for the Industry to comply any regulation like FDA, GMP or ISO.
On Tuesday, January 10, Mike Madigan hosted the first webinar of you 2017 Construction Law Webinar Series. Mike discussed the top 2016 Ohio Construction Law Developments including Supreme Court Cases such as Stolz v. J&B Steel Erectors, Inc. and Chicago Housing Authority v. DeStefano and Partners, Ltd. He also spoke on several cases to look over for and potholes to avoid in 2017.
On Tuesday, March 14, construction law attorney Mike Madigan hosted the second installment of Kegler Brown's 2017 construction law webinar series. Mike discussed key provisions that play a significant role in how risk is divided when it comes to CM-at-Risk Agreements and GMP Amendments.
The document outlines the claim filing and tracking process for an insurance company. It includes details about the user roles in the claims process such as insured, agent, surveyor, adjustor, and branch employees. It then walks through the steps an insured would take to file a claim online, including entering policy and loss details, uploading documents, and tracking the status. Other user roles can view assigned claims, approve or reject them, and communicate about claims.
The document discusses an insurance claim dispute case. A policyholder filed a claim for his son's kidney stone treatment, but the insurance company rejected it, arguing the condition was pre-existing. The consumer disputes forum found that while the claim was not payable due to the pre-existing exclusion, the insurance company was deficient for not properly communicating this to the complainant. The forum directed the insurance company to pay Rs. 5,000 to the complainant for deficiency in service.
Effective claims management has become a sophisticated process and one that draws upon numerous areas of expertise including data analysis, accident investigation, managed care, return to work, subrogation, alternative dispute resolution, structured settlements, and Medicare compliance as well as more traditional areas of claims expertise. Technology is continually evolving allowing the risk manager improved decision-making capabilities. Strong claims management fundamentals can apply to any major line of coverage including general liability, workers’ compensation, and auto liability. This session will explore how to identify key cost drivers, ways to better integrate claims resources, how to achieve faster reporting, the use of performance standards and guarantees, and how to evaluate the quality of your current claims services.
The document discusses claims management and professional liability. It defines key terms like sentinel event, adverse outcome, potentially compensable event, claim, and lawsuit. It outlines the four elements required for professional liability: duty, breach of duty, harm, and causation. It also describes exposures for different types of organizations like physicians, nurses, and hospitals. Finally, it outlines the critical steps in managing a lawsuit like identification, investigation, documentation, reporting, reserving, and litigation management.
Material management on construction siteRonak Jain
This document summarizes a seminar on material management on construction sites. It discusses the introduction to materials and material management. It outlines the objectives of material management such as making economic decisions and developing good supplier relations. It also discusses the functions of material management including procurement, inventory control, and cost estimates. The role of the material manager is described as understanding inventory processes and achieving inventory control. Finally, some prevalent material management practices used in construction are presented including estimating, procuring, delivering, and consuming materials.
On Thursday, January 19, construction law area chair + attorney Don Gregory presented a seminar on minimizing your risk and avoiding legal problems. This seminar discussed contract language, conditional bids, and killer contract clauses such as contingent payment, no damage for delay, waiver of lien + bond rights, and unconditional lien waivers before payment.
On Wednesday, January 25, our Intellectual Property team hosted a breakfast briefing on how to prepare a better IP Strategy. The briefing focused on three cases studies from three different industries: retail, technology, and service. Each case study walked through the IP strategy of a prominent company - Chipotle, P&G, and Uber.
The document outlines the modules that make up a construction management project, including admin login, construction sites, customer information, plots, payments, raw materials, and reports. The modules allow for managing, editing, deleting, searching, and updating admin logins, construction sites, customers, employees, plots, payments, raw materials issued, and customer plot payment reports.
Ohio Construction Seminar- "Dealing with One-Sided Public Contracts: Survivin...Kegler Brown Hill + Ritter
Many public owners are utilizing increasingly one-sided contract documents that restrict contractors' rights. Contractors bidding public work need to understand the legal and practical implications these pitfalls present for contractors working on public projects. The topics discussed will include, but are not limited to:
• Killer Clauses to Watch Out For
• Ways to Provide Notice & Preserve Rights
• The Fairness in Construction Contracting Act
• How to Protect Yourself Contractually
• Project Documentation Required
This document provides a summary of a financial analysis report that compares Chevron and Exxon. It outlines that Exxon and Chevron are two of the largest integrated oil companies in the world. While both companies have remained profitable, their production has decreased and stocks have weakened. The document also notes that Chevron has a larger networking capital and market-to-book ratio than Exxon, but is more heavily leveraged. The analysis recommends that Chevron minimize accounts payable and debt, while investing in Exxon may be a better option.
The document discusses modern methods of construction (MMC), specifically off-site and on-site construction. Off-site construction involves prefabricating building elements or modules in a factory setting and transporting them to the construction site for assembly. Key benefits of off-site construction include time savings, improved quality control, addressing skills shortages in the industry, and potential cost reductions. Common forms of off-site construction are volumetric construction (three-dimensional modules assembled on site), modular construction, and panelized construction.
A Presentation on Mechanics of Claim Construction and Drafting by Mrs. Vinita...BananaIP Counsels
A Presentation on Mechanics of Claim Construction and Drafting by Mrs. Vinita Radhakrishnan
Contact Us for Intellectual Property Services
BananaIP Counsels
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No.40,3rd Main Road,JC Industrial Estate,
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Conference ANIMP & ECI Oct 2012 korean companies strategies for overseas cons...Antonio Coladarce
How South Korean Main Contractors strategically spread all over the Oil & Gas market in Middle East creating difficulties to European and rest of world EPC Main Contractors
This document discusses deploying mobile construction inspection forms through a case study of two pipeline projects. It outlines common issues with traditional paper-based inspection reporting like errors, missing data, and data quality. Barriers to adopting new technology like resistance to change and lack of support are also covered. The case study details implementing a mobile form solution on the two projects with over 13,000 inspection reports. Key results included significantly reduced time to complete reports, higher data quality, and positive user reviews. Elements for successful technology adoption included user-focused design, responsive support, and planning for cultural changes.
On February 7, 2018, Mike Madigan and Jason Rhodebeck with Turner Construction Co. discussed Project Risk Management as part of Central Ohio’s Builders Exchange Field Leadership Excellence Series (BXFlex).
On April 10, Don held a seminar at the Kegler Brown offices on One-Sided Public contracts. This seminar provided knowledge on what contracts require, gave strategies for overcoming difficult or impossible-to-satisfy contract terms, and explained the rights contractors have outside the contract.
Construction Services And Maintenance Proposal PowerPoint Presentation SlidesSlideTeam
The proposal provides construction services and maintenance for a client. It will construct a project on a vacant piece of land from June 1 to September 30, with a total budget of $110,000. The scope of work includes sitework, concrete foundation, framing, electrical fittings, and other services. It promises to deliver the project on time and within budget using its experience in construction development.
Karen Palecek is a co-managing member of Palecek & Palecek PLLC with over 26 years of experience in construction law and litigation. She represents specialty contractors, suppliers, general contractors and owners. Her practice focuses on all aspects of construction law including contract review, liens, claims, litigation and appeals. The presentation discusses important considerations for bid proposals, contracts, project management, claims processes and collecting payment.
If your company needs to submit a Contractor Proposal Template PowerPoint Presentation Slides look no further.Our researchers have analyzed thousands of proposals on this topic for effectiveness and conversion. Just download our template, add your company data and submit to your client for a positive response. http://bit.ly/2tBhawG
Construction Costing Proposal PowerPoint Presentation SlidesSlideTeam
The construction costing proposal provides details for building a 100,000 square foot office tower and production facility. It includes:
1) An outline of the project context, objectives, construction phases, work schedule, and cost estimate.
2) Details of the company, including past projects and team members to undertake the work.
3) A 360-day work schedule and estimated costs totaling $13,800 for the project.
4) Contract, payment, and sign-off details to formalize the agreement if selected for the work.
The document provides an overview of construction project management for school districts. It discusses establishing clear lines of communication and responsibility matrices for district staff and consultants. It also discusses recognizing potential issues during construction like change orders exceeding 10% of the contract total and how to handle them, such as carefully scrutinizing documentation for change order requests. The document emphasizes the district's responsibility to taxpayers to resolve issues legally and promote success for all parties involved in the project.
"The Nuts + Bolts of Construction Financial Management" was presented by Stephanie P. Union and Peter Berg on September 23, 2015, at the office of Kegler Brown.
The morning briefing covered the nuts and bolts of construction financial management, including, but not limited to, the steps and best practices for prompt collection.
Construction Process Proposal PowerPoint Presentation SlidesSlideTeam
If your company needs to submit a Construction Process Proposal PowerPoint Presentation Slides look no further. Our researchers have analyzed thousands of proposals on this topic for effectiveness and conversion. Just download our template, add your company data and submit to your client for a positive response. https://bit.ly/2Hb4i6M
Infrastructure Construction Proposal PowerPoint Presentation SlidesSlideTeam
This proposal is for infrastructure construction services for a client. It includes a scope of work outlining the project timeline and budget of $110,000. The proposal details the site work, concrete foundation, framing, electrical, and other services to be provided. It also includes information about the construction company, their team, and examples of previous projects in their portfolio. A contract and proposal sign-off are included to finalize the agreement if accepted.
Real Estate Proposal PowerPoint Presentation SlidesSlideTeam
If your company needs to submit a Real Estate Proposal PowerPoint Presentation Slides look no further.Our researchers have analyzed thousands of proposals on this topic for effectiveness and conversion. Just download our template, add your company data and submit to your client for a positive response. http://bit.ly/2ux4vvj
Construction Bid Proposal Template PowerPoint Presentation SlidesSlideTeam
If your company needs to submit a Construction Bid Proposal Template PowerPoint Presentation Slides look no further. Our researchers have analyzed thousands of proposals on this topic for effectiveness and conversion. Just download our template, add your company data and submit to your client for a positive response. https://bit.ly/2AByB3T
Being an in house lawyer isn’t just about the law – perhaps it never has been.
Every six months at our in house lawyer sessions we give practical training on:
- what the law means for you (personally) and for your business
- tips on what to incorporate into your next contract, your next discussion with the HR department or your next board meeting
... and have been delighted to help cover what to say, do, draft and know what to avoid.
We’ll also be covering the black letter law:
- employment update – gender gap reporting – how, what, what the…? Sexual harrassment
- commercial law - changes in contract law and in particular what the courts have said about discretion in contracts – do you really have free choice, or are there limits?
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The document summarizes a meeting about financing options for rebuilding after wildfires. It discusses:
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2) SBA loans which offer lower interest rates than the private market and can be used for home repairs up to $200,000.
3) Tips for working with lenders to release insurance proceeds for rebuilding, including potentially receiving 2% interest and periodic payments as construction phases are completed.
Real Estate Construction Proposal PowerPoint Presentation SlidesSlideTeam
If your company needs to submit a Real Estate Construction Proposal PowerPoint Presentation Slides look no further. Our researchers have analyzed thousands of proposals on this topic for effectiveness and conversion. Just download our template, add your company data and submit to your client for a positive response. https://bit.ly/3fXQKbT
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The document discusses the requirements for a successful construction contract claim and the main reasons disputes arise on construction projects. It outlines six key requirements: 1) timely notice of potential claims, 2) determining factual details, 3) establishing legal entitlement, 4) proving causation, 5) accurately calculating damages, and 6) effective negotiation. Common causes of disputes include changes, delays, poor documentation, scheduling errors, and incomplete contracts. The most frequent claim types are changes claims, delay claims, extra work claims, and contractual non-compliance issues. Proper contract administration and documentation can help minimize disputes.
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3. z
Agenda
+Steps to Make a Claim
+Key Project Documentation To Consider
+Dealing with a Claim
+ From the Owner, CM, and Subcontractor
perspectives
4. z
Two Key Steps To Make a Claim
Step 1 – Provide Initial Written Notice After Realizing There is a Problem
Step 2 – Substantiate the Claim
5. z
Claim’s Value
+ Your Claim Is Better the Earlier You Provide:
+ Written Notice Your Work Is Being
Delayed/Affected
+ State Your Damages
+ Back It Up With Project Documentation
The value of the claim decreases the longer you wait to
provide notice and quantify the claim.
6. z
Why Do I Say This?
Stanley Miller Constr. Co. v. Ohio Sch. Facilities Comm’n Ct. of Cla. No 2006-
04351, 2012-Ohio-3995
Tritonservices, Inc. v. Univ. of Cincinnati, Ct. of Cl. No. 2009-02324, 2011-Ohio-
7010
Courts Enforce The Notice Provisions
Tenth District Court of Appeals held that “a contractor's failure to comply
with the procedural dispute resolution provisions of Article 8, as to any
claim arising under the contract, results in an irrevocable waiver of the
claim.” IPS Elec. Servs., LLC v. Univ. Toledo, 10th Dist. Franklin No. 15AP-207,
2016-Ohio-361
8. z
the “occurrence”
rejection/reduction
of a change order
proposal or field
work order
receiving an RFI
response
10 days after:
Differing Site
Condition
determination
Step 1 – Initial Notice
10-Day Requirement To Provide Written Notice on Public Projects
9. z
If You Expect to Be Paid Extra
You Need to Let the Other Side Know Before Proceeding
18. z
Acceleration Will
Occur If Extension Is
Not Granted
Not Responsible for
Liquidated Damages
In Most Cases Request An
Extension of Time
19. z
Embarking on the Claim Process
Should Be a Company Decision
+Ask The Question – Do We Need To
Provide Written Notice For This?
20. z
Be Professional
+ Call the Other Side Before You Fire Off A Notice
Letter or Claim
+ State Your Commitment To Getting the Job Done
+ Agree to Disagree for the Moment
21. z
Be Professional – Maintain Civility
+ Nobody Likes The Heavy Hand
+ Is Your Conduct Reasonable?
+ Think About the Other Side’s Perspective
+ Agree to Disagree – Get the job done while paying for the undisputed
work.
+ E-mails – Think About How It Would Look On The Front Page of the
Paper
+ What Would Your Mother Say?
+ Recording of Meetings/Conversations
+ Is It Permissible ?
+ We Live in a Time Where More Is Being Recorded and Captured On
Video.
24. z
»Direct Costs for Disputed Scope of Work Items
»Extended General Conditions
»Labor Productivity
»Home Office Overhead
Basic Components of a Claim
26. z
Additional Labor
+It Took More Man Hours Than Estimated (or should
have)
+ Measured Mile Approach
+ Industry Factors
+ Total Cost Claim Method
27. z
Measured Mile Example
Man-Hours From Job Cost Report
% Complete From Pay Applications
Example: 5113 hrs/27% = 189 hrs/%
Measured Mile Period
Represents Project As-Planned
Example: 9/1/09 – 12/31/09
Impact Period
Example: 12/31 – 6/25/11
Man-Hours From Job Cost Report
% Complete From Pay Applications
Example: 20,631 hrs/73% = 283 hrs/%
Delta = Impact – Measured Mile= 94 hrs/%
94 hrs/% x 73% = 6,834 Additional Hours
28. z
Home Office Overhead
+ Consists of expenses involved in generally
running a business that are not attributable to
any one project.
+ Rent and Executive Pay
+ Think of it as a cancelled reservation.
+ No additional costs but lost revenue
29. z
ODOT HOOP Calculation
Total HOOP Payment = [(A x C)/B] x D
A = Original Contract Amount
B = Contract Duration in Calendar Days
C = Factor from ODOT Table
D = Sum of All Compensable Delays
31. z
+ Labor and material should be separately tracked in the job cost
report and schedule of values.
+ Labor costs were “dumped” into certain costs codes.
+ In the schedule of values, the general conditions costs are not
broken out and instead are blended with the other schedule
activities.
+ Front End Loading can skew labor productivity ratios.
+ In most cases, legal costs are not recoverable but are still included
on the job cost report.
Common Job Cost Report Problems
32. z
Aligning Your Bid With the Job Cost Report
Bid Entries Job Cost Report Budget Entries
Framing
• Material $50k
• Labor
$100k
Drywall
• Material $75k
• Labor $50k
Ceilings
• Material $75k
• Labor
$100k
1100 Framing
• Material
$50k
• Labor
$100k
1200 Drywall
• Material
$75k
• Labor
$50k
1300 Ceilings
• Material
$75k
• Labor
$100k
Change Orders
1100 Framing
• $10k
• $5k
1200 Drywall
• $5k
• $10k
1300 Ceilings
• $15k
• $20k
Update With
Change Orders
Your Bid and Job Cost Report Are Discoverable and Often Times
Contractually Required To Be Provided If A Claim Is Asserted.
33. z
+Activities bid as a subcontractor cost are now being
self-performed
+ Increases the material costs beyond that shown in the bid.
+Intense focus as to the expected Profit on bid day
+ Contractor entitled to buyout savings
+ Hard to argue “we typically do better”
+What are the items included in the “overhead mark up”
identified in the bid?
+ Project Management Time
+ Company Owned Equipment
Common Issues with the Transfer of the
Information From the Bid to the Job Cost Report
34. z
Graphic Timeline for Notice and Claim Submission
under State’s Article 8 Process
Occurrence of event for possible claim
• Missed Milestone
• Revised schedule
• RFI response
• Rejected change order pricing
10 Days -
submit written
Notice
30 Days-
Submit Certified
Claim
120 Days-
Obtain Final
Administrative Decision or
Exhaust Jobsite Dispute
Resolution Process
2 Years –
File Suit or State Will
Argue Claim Is Waived
Free To File Suit
14 Days – Must Appeal
CM or A/E Decision or
Recommendation
Step 1 Step 2
Appeal
Decision
Conservative Approach
Triggers on When Claim
Accrues
35. z
ORC 4113.62 and Owner Caused
Delays
“Any provision of a construction contract * * * that waives or
precludes liability for delay during the course of a construction
contract when the cause of the delay is a proximate result of the
owner's act or failure to act, or that waives any other remedy for a
construction contract when the cause of the delay is a proximate
result of the owner's act or failure to act, is void and unenforceable
as against public policy.”
36. z
ORC 4113.62 versus Article 8
An owner cannot cause a delay, and then avoid the natural
consequences for causing the delay by using boilerplate
contract language.
Cleveland Constr., Inc. v. Ohio Pub. Emps. Retirement Sys.,
2008-Ohio-1630, ¶ 19 (10th Dist. Franklin)
Article 8 does not, however, bar or limit any claim on the basis of the
substance of the claim.
IPS Elec, Servs., L.L.C. v. Univ. of Toledo, 2016-Ohio-361, ¶ 22 (10th Dist.
Franklin)
Pro-Contractor
Pro-Article 8
38. z
+Daily Reports Are Helpful To Support A Claim When
They Consistently Include the Following
Information:
+ Workforce (Example – 6 carpenters, 3 laborers)
+ Equipment (both rental and company owned)
+ Description of the events of the day
+ Areas where crews are being delayed
Daily Reports
40. z
Common Problems with Daily Reports
No Delays or Problems
Are Identified
Nothing Listed For
Equipment
What Was Previously
Agreed Upon In
Meetings
41. z
» Create A Check The Box Daily Report
» Delays Encountered
» Waiting on other Trades
» Waiting on RFI Response
» Inefficiencies Encountered
» Loss of power
» Lack of building enclosure
» Stacking of Trades
» Have Your Superintendent/Foreman Take Pictures That Can Be Later
Identified By Date
Writing Daily Reports Takes Time
Away From Running the Work
Possible Solutions
43. z
The Date and Area Can Easily Be Identified.
» Needs to be authenticated to be admitted in Court.
In Many Cases, Points Are Easier/Quicker To
Make With Pictures Rather Than Videos.
Apps like MENTAL NOTE help
Pictures Are Great When
46. z
With What Actually Happened
4/29/10
Original Temporary Enclosure Milestone = 4/30/10
47. z
Progress Meeting Minutes
Often Times Progress Meeting Minutes Do Not Reflect
The Discussions That Took Place
Two Pages of Progress Meeting Minutes
50. z
Important to Provide Input
When Schedules Are Being Prepared
+ Your Silence Will Later Be
Construed to = Acceptance
• Speak Up or Forever Hold Your Peace
51. z
+ Show the Live Schedule On A Projector
+ Include the Input of the Subcontractors
+ CM/GC Is the Orchestra Director –
+ What Is In the Best Interest of the
Project?
+ Not Everyone Will Get What They Want
– Get What You Need.
+ As Changes Are Being Made - Everyone Should
See the Impact
+ Sunlight Is the Best Disinfectant
+ After Meeting, Distribute Schedule In Native
Format
+ Speak Now or Forever Hold Your Peace
Mike’s Thoughts On Schedule Creation and Update Meetings
52. z
Flawed Scheduling Can Lead To Claims That
The Notice Provisions Were Waived
OSFC waived its right to strict compliance with the notice requirements of Articles
6 and 8 due to its own failure to comply with Article 8.
J & H Reinforcing & Structural Erectors, Inc. v. Ohio School Facilities Comm., 2013-
Ohio-3827, ¶ 87 (10th Dist. Franklin)
53. z
Prevention of Performance
Argument To Counter Insufficient
Notice
OSFC prevented TA’s strict compliance with Article 8 by not issuing revised
drawings to TA in a timely manner.
OSFC, by and through its agents LL and SHP, prevented TA from complying with
the conditions precedent under Article 8 of the General Conditions.
TransAmerica Building Company v. Ohio School Facilities Comm., Ohio Court
Claims Case No. 2013-00349
56. z
From the Subcontractor’s View
+ Important To Finish
+ Walking Off Rarely Ends Well
+ Make Sure Everyone Knows You Will Be Seeking Extra Dollars
+ Be Careful About Signing Change Orders, Progress Payment
Waivers, and Schedules
+ Respond to the Letters
+ Take Pictures and Document
+ Think about bringing in clerical support
57. z
If You Sign a Change Order
Be Sure Everyone Understands If This Is Your One “Bite at the Apple”
58. z
Be careful when signing change orders, schedule sign-offs, and
partial payment releases.
» Change Orders should just include costs for that respective change rather
than all possible extra costs through the date of the change order.
» Partial Payment Releases should be based on the payment received rather
than releasing all claims up to a certain period of time.
» Same applies to any updated Schedules required to be signed.
Don’t Get Burned By Signing a Change Order, Schedule
Sign-Off, or Progress Payment Release
That Waives Your Claim
60. z
LETTER
We have only priced the direct costs, so Change Order Number
___ is returned to you as executed with one exception and
deletion. We have deleted and initialed the portion of
the change order that would waive claims for any
delays, inefficiencies, disruption or suspension,
extended overhead, acceleration, and the cumulative
impact of this and other change orders issued to this
date. Please return an executed and initialed copy to us. No
additional time or costs are sought as of this date based upon
what is reasonably foreseeable now; however, we are not
waiving claims for additional time or costs should
circumstances change.
When There Are Concerns A Change Order
Will Not Provide Sufficient Compensation for
Delays and Other Indirect Costs
61. z
Broader and More Aggressive Language
(All Cost and Time Impacts To This Point In Time)
64. z
With its signature, Contractor does not verify the accuracy of the schedule
nor does it waive any claim with respect to additional costs it will incur as
a result of changes to previous schedules, additional costs for unresolved
issues it has previously provided notice of, additional costs if the work
does not proceed in accordance with this schedule because of others, or
costs related to other matters beyond Contractor’s control.
Language to Insert
65. z
From The CM’s View
+ Continue To Pay For Undisputed Amount
+ Holding Contract Balance Ransom Is Not Helpful
+ Find Ways To Shrink The Claim Amount
+ Respond To The Letters
+ Think About Whether To Pass The Claim Upstream To The Owner
+ Is there a Pay-if-Paid Provision?
+ Will it be enforced if the CM prevents the non-payment by withholding the
Subcontractor’s claim?
66. z
If The Claim Is Not Passed On Upstream, a
CM Could Face A Prevention of Performance
Argument
Contractor's conduct in hindering fulfillment of [pay-if-paid] condition
precedent in subcontracts waived performance, pursuant to prevention
doctrine, with respect to additional work done by subcontractors;
Moore Bros. Co. v. Brown & Root, Inc., 207 F.3d 717 (4th Cir.2000)
67. z
From The Owner’s View
+ Continue To Pay For Undisputed Amount
+ Holding Contract Balance Ransom Is Not Helpful
+ Find Ways To Shrink The Claim Amount
+ Respond To The Letters
+ Involve the Surety
+ Joint Checks To Pay the “Innocent By-Standers”
+ Subcontractors
+ Suppliers
68. z
Understand The Surety Relationship
Owner
Contractor
Surety
Indemnity Agreement Between
Surety and Contractor
Personal Liability
Performance & Payment Bond
Contract
69. z
Tips for Dealing
With Surety Coverage
+Understand and Negotiate A Proper Bond Form
+ AIA/ConsensusDOCS Form
+ Time limits for claims
+ Public 153 Bond Form
+Keep the Surety Informed
+ Follow Steps in Bond Before Supplementing or Terminating
+Trouble is Brewing if Surety Hires Own Counsel
71. z
Litigation versus Arbitration
Litigation Arbitration
Courthouse Setting
• Decided By a Judge or Jury
Extensive Discovery
Appeal Process
• Extends The Time For
Resolution
Conference Room Setting
• Decided By a Panel of
Industry Experts/Attorneys
Semi-Extensive Discovery
No Appeal Process
Less Formal Than Litigation
When it Comes to Construction Claims, Both Litigation and Arbitration Are Incredibly Expensive
72. z
The Various Project Agreements Should Be
Consistent As To Whether Disputes
Are Resolved By Arbitration or Litigation
Owner
Arch CM/GC
Subcontractor
73. z
Discovery
Project Viewed Under A Micro-Scope
• Project Schedule
• Bid
• Job Cost Report
• E-mails - Including Internal E-mails
• WIP Reports
• Correspondence with Surety
• Daily Reports
• Meeting Minutes
• Tickets
80/20 Rule
Figure Out 80% of the Case With 20% of the Legal Costs
74. z
Legal Process To Prosecute/Defend a Claim
+18-24 months from the time a lawsuit is filed to
when a trial or arbitration hearing is conducted.
Diversion from your core business –
Will feel like you are playing short-handed
75. z
Legal Cost Thermometer
Hot - $1 million+
Medium - $500k+
Mild - $250k+
Generally, legal costs are not recoverable
Notable exception is if permitted by contract
76. z
A Final Word About Mediation
+Mediation –
+ May Be Contractually Required
+ But Any Resolution/Settlement is Voluntary
+ Use An Experienced Construction Attorney
Both Parties Need To Be Ready To Make Significant Concessions While Recognizing
The Benefits of Avoiding Future Legal Costs and Diversion of Resources
What Happens In Mediation Stays in Mediation
Under Evid. Rule 408
Settlement Offers Can’t Be Used
Against You