Construction Payment Disputes: Addressing Change Orders, Extra Work, and Other Costs
Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Additional, Unauthorized, or Nonconforming Work
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will address advanced payment issues in construction projects, including change orders and extra work. The panel will provide practical guidance to construction practitioners for differentiating between real versus perceived changes; undocumented oral change orders; changes due to defective plans and specifications; the effects of previously unknown site conditions; additional, unauthorized, or nonconforming work; changes because of external factors; and change order impact costs. The panel will also discuss the latest American Institute of Architects (AIA) standard contract documents--such as Article 7 of the AIA A201 General Conditions of the Contract for Construction--and best practices for amending these standard provisions to address payment issues.
- Real vs. perceived changes
- Undocumented oral change orders
- Changes due to defective plans and specifications
- Previously unknown site conditions
- Additional, unauthorized, or nonconforming work
- Change by outside forces: market shifts, zoning issues, etc.
- Change order impact costs
- AIA standard contract provisions
- Drafting strategies
- Best practices
The panel will review these and other key issues:
- What are best practices for addressing change orders, extra work, and other payment issues?
- What is missing in AIA Article 7?
- What are best practices for modifying and amending these forms?
- In what ways are AIA documents incomplete?
- How can counsel help clients differentiate between real versus perceived changes?
- What are strategies to avoid disputes over undocumented oral changes?
- What are best practices for ensuring project-wide consistency?
- What practical drafting strategies will reduce the likelihood of disputes and offer significant advantages if disputes arise?
Chiesa Shahinian & Giantomasi
Mr. Bondy’s practice is concentrated in the field of commercial litigation, with a focus on construction, surety... | Read More
Mr. Bondy’s practice is concentrated in the field of commercial litigation, with a focus on construction, surety and contract issues in New York and New Jersey. He represents and advises sureties with respect to performance and payment bond claims, the defense of prevailing wage claims, affirmative surety claims, loss recovery, bankruptcy issues, and contractor workouts. Mr. Bondy represents developers, contractors and building material suppliers in litigation matters, such as claims for breach of contract, applications for injunctive relief, delay claims and payment claims. Prior to joining the firm, he served as an assistant district attorney in Kings County (Brooklyn), New York.Close
Michelle A. Schaap
Chiesa Shahinian & Giantomasi
Ms. Schaap practices primarily in cybersecurity and corporate law, particularly as it pertains to construction,... | Read More
Ms. Schaap practices primarily in cybersecurity and corporate law, particularly as it pertains to construction, franchising and renewable energy. Within the construction industry, she negotiates complex agreements, including construction management, architect and design-build agreements. She is also experienced in negotiating solar facility agreements, including power purchase agreements, and engineer, procure and construction agreements. In additioni, she routinely advises clients on cybersecurity preparedness and undertakes with her clients risk assessments, risk management and preparedness for addressing security incidents and responding to and recovering from security breaches.Close