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 video webinar with Q&A
This CLE course 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 actual 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 non-conforming 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 best practices address 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?
Kelly M. Davis & Associates
Ms. Davis brings more than 20 years of experience, determination, compassion, and innovation to her practice. She... | Read More
Ms. Davis brings more than 20 years of experience, determination, compassion, and innovation to her practice. She represents clients from all segments of the construction industry in all types of construction disputes, including delay and labor impact claims, defective work claims, performance and payment bond, breach of contract, breach of warranty, and mechanic’s and materialman’s lien foreclosure claims. Ms. Davis also assists her clients by handling corporate formation and other corporate issues, reviewing and drafting contracts for their businesses, and perfecting lien and bond rights. She is a frequent speaker to professionals on construction law topics.Close
Mr. McNamara’s practice areas include construction law, employment law, suretyship, trial practice and insurance... | Read More
Mr. McNamara’s practice areas include construction law, employment law, suretyship, trial practice and insurance defense. He has tried numerous cases in state and federal courts before juries and judges and has argued before the Supreme Judicial Court of Massachusetts, the Appeals Court of Massachusetts, and the United States Courts of Appeal. The Martindale-Hubbell National Law Directory has awarded Mr. McNamara an AV Rating, the highest rating for legal ability and professional ethics. He has also been named a New England Super Lawyer by Law & Politics and Boston Magazine; this designation is limited to the top 5% of attorneys in New England. Mr. McNamara has been an invited speaker at the Construction Industries in Massachusetts, Associated Builders and Contractors of Massachusetts, Massachusetts Electrical Contractors Association, and Massachusetts Continuing Legal Education.Close
Richard R. Volack
Peckar & Abramson
Mr. Volack’s practice encompasses dispute resolution through mediation, arbitration and, when necessary,... | Read More
Mr. Volack’s practice encompasses dispute resolution through mediation, arbitration and, when necessary, litigation. He also counsels clients on litigation avoidance practices, risk management, project planning and contract negotiation in relation to construction projects, both in both domestic and international settings. Mr. Volack is a frequent lecturer on construction insurance, risk management, the New York Mechanic’s Lien Law, e-discovery and electronically stored information issues as they relate to construction litigation. He is the past chairman and past secretary of the Construction Law Committee of the New York City Bar Association.Close