Henry Goldberg | Moritt Hock & Hamroff | November 13, 2019 A cardinal change is a rare event in construction. However, when it “provably” occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general contractor on a New York… Continue reading When is A Cardinal Change “Cardinal”?
Tag: Change Order
Can’t Get a Written Change Order? Document, Document, Document
Todd M. Heffner | Smith Currie | August 20, 2018 Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead… Continue reading Can’t Get a Written Change Order? Document, Document, Document
Georgia Court of Appeals Holds That Sovereign Immunity Shields County From Contractor’s Claims Based Upon Unwritten Change Orders
Robert A. Gallagher | Pepper Hamilton LLP | December 28, 2017 Fulton County contracted with SOCO Construction Company (“SOCO”) to build a cultural center near the Fulton County Airport. The contract specified that the contract sum and the contract time could only be changed according to County procedure, which required “a written, bilateral agreement (Modification)… Continue reading Georgia Court of Appeals Holds That Sovereign Immunity Shields County From Contractor’s Claims Based Upon Unwritten Change Orders
Change Directive v. Change Order v. Construction Change
Matthew J. DeVries | Burr & Forman LLP | April 28, 2015 In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example,… Continue reading Change Directive v. Change Order v. Construction Change
Don’t threaten me!
Karl Oles – June 4, 2013 A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to… Continue reading Don’t threaten me!