Revising Construction Payment Provisions: Addressing Change Orders, Extra or Nonconforming Work, and Other Costs
Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Additional or Unauthorized 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 real versus perceived changes; undocumented oral change orders; changes due to defective plans and specifications; the effects of previously unknown/changed site conditions; additional, unauthorized, or nonconforming work; changes because of external factors; and change order impact costs. The panel will also discuss the current American Institute of Architects (AIA) standard contract documents--such as Article 7 of the AIA A201 2017 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?
- Discussion of AIA Article 7 and how it can be changed
- What are best practices for modifying and amending these forms in an attempt to avoid change order disputes during the project?
- In what ways can the AIA documents be changed?
- How can counsel help contractor 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 and/or best practices in the field will reduce the likelihood of disputes and offer significant advantages if disputes arise?
- What role "notice" plays in the change order process
Jason S. Lambert
Dinsmore & Shohl
Mr. Lambert represents clients including contractors, subcontractors, material suppliers, financial institutions, and... | Read More
Mr. Lambert represents clients including contractors, subcontractors, material suppliers, financial institutions, and insurance carriers in commercial litigation, with a special focus on real estate and construction matters. This representation often includes drafting contracts and other corporate documents, negotiating transactions, resolving payment and lien disputes, and addressing construction defect claims. Further, Mr. Lambert brings an insider’s knowledge and experience to his client’s matters, having spent nearly a decade as a project and operations manager for construction companies before becoming an attorney.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