Wendy Rosenstein | Ahlers Cressman & Sleight The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or change order in advance of performing changed work—thereby preventing the party who requested the changed work from later arguing that notice provisions were not… Continue reading Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions
Tag: Change Order
Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim
John Mark Goodman | BuildSmart A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No. 01-21-00542, 2023 WL 5280249 (Tex. Ct. App. Aug. 17, 2023)). The change order at issue… Continue reading Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim
Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Matthew Mues | Davis Wright Tremaine On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., (“Kizer”) could not maintain a quantum meruit claim against a general contractor, defendant Stout Building Contractors, LLC, (“Stout”) for work performed by Kizer beyond that contemplated in Kizer’s proposal, which was incorporated into… Continue reading Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Protect Your Right To Payment By Following Nedd
Denise Motta | Construction Law Blog In order to preserve your right to payment, you must satisfy the contractual requirements supporting a change order for the increased costs or time due to the delay. The key to the successful presentation of change order claims is educating your team on the following: 1. NOTICE Review… Continue reading Protect Your Right To Payment By Following Nedd
Defects, Delays and Change Orders
Jacob A. Epstein | Construction Executive As every construction professional is aware, unexpected events and problems are guaranteed on every large project. Defects, delays and change orders are sure to arise, and depending on how they are dealt with and addressed at the time, they can either have minimal effects on the overall project or… Continue reading Defects, Delays and Change Orders