دانلود کتاب Fundamentals of Construction Claims

فهرست مطالب :

Cover
Title Page
Copyright Page
Contents
Acknowledgments
Chapter 1 Introduction
Step 1: Review the Dispute Resolution Procedure
Step 2: Define the Type of Dispute
Step 3: Fulfill Pre‐Claim Requirements and Notice Requirements
Step 4: Establish Entitlement
Step 5: Calculate Delay
Step 6: Calculate Damages
Step 7: Formatting and Packaging the Claim
Step 8: Non‐Binding Dispute Resolution
Step 9: Binding Dispute Resolution
Other Topics
Termination Claims
Non‐Contract Claims
Fault Allocation
Summary
Chapter 2 Step 1: Review the Dispute Resolution Procedure
Standard Contract Forms for Owner–Contractor Agreements
AIA A201 General Conditions, Article 15, Claims and Disputes
ConsensusDocs 200, Standard Agreement and General Conditions Between Owner and Constructor
C‐700, Standard General Conditions of the Construction Contract (2018 Version)
Proprietary Contract Dispute Resolution Provisions for Owner–Contractor Agreements
Standard Contract Forms for Contractor–Subcontractor Agreements
AIA A401, Article 6, Claims and Disputes
ConsensusDocs 750, Standard Agreement Between Constructor and Subcontractor
EJCDC E‐523, Construction Subcontract Agreement (2018 Version)
Standard Contract Forms for Owner–Designer Agreements
AIA B101, Article 8, Claims and Disputes
ConsensusDocs 240, Standard Agreement Between Owner and Design Professional
EJCDC E‐500, Agreement Between Owner and Engineer for Professional Services (2020 Version)
Standard Purchase Order Forms for Purchaser–Vendor Agreements
AIA A152 and A152 Exhibit A, Article 8, Claims and Disputes
ConsensusDocs 702 and 703, Purchase Orders
Summary
Notes
Chapter 3 Step 2: Define the Type of Dispute
Design Issues
Administration Issues
Performance Issues
Third‐Party Issues
Change Order Negotiation Issues
Summary
Chapter 4 Step 3: Fulfill Pre‐Claim Requirements and Notice Requirements
Pre‐Claim Requirements
Design Issues
Administration Issues
Performance Issues
Third‐Party Issues
Change Order Negotiation Issues
Claim Notice Provisions
Notice of Claim Provisions for General Claim Items
Notice of Claim Provisions for Lack of Evidence of Owner\'s Financial Arrangements
Notice of Claim Provisions for the Owner\'s Failure to Make Timely Payment to the Contractor
Notice of Termination Provisions by the Contractor to the Owner
Chapter 5 Step 4: Establish Entitlement
Introduction
Typical Contractor Claims Against Owners
Owner Design Issues
Administration Issues
Owner Performance Issues
Force Majeure Issues
Change Order Negotiation Issues
Typical Owner Claims Against Contractors
Quality Issues
Schedule Issues
Administrative Issues
Contractor Design Issues
Contractor Impacts on Owner or Owner\'s Separate Contractors
Change Order Negotiation Issues
Typical Subcontractor Claims Against Contractors
Design Issues
Administrative Issues
Owner or Contractor Performance Issues
Force Majeure Issues
Change Order Negotiation Issues
Typical Contractor Claims Against Subcontractors
Quality Issues
Schedule Issues
Subcontractor Administrative Issues
Subcontractor Design Issues
Subcontractor‐Caused Interference
Change Order Negotiation Issues
Typical Designer Claims Against Owners
Designer Claim Against Owner for Additional Services Due to Owner\'s Change in Work Program
Designer Claim Against Owner for Additional Services Due to Contractor Delays
Designer Claim Against Owner for Additional Services Due to Contractor Maladministration
Typical Owner Claims Against Designers
Claim for Design Error or Design Omission
Owner Claim for Designer Maladministration
Owner Claim for Design Delays
Summary
Note
Chapter 6 Step 5: Calculate Delay
Contract Requirements for Time Extension Requests
Scheduling Overview
Types of Delays
Concurrent Delays
Pacing Delays
Review of Forensic Scheduling Methodologies
As‐Planned vs. As‐Built Analysis (Retrospective, Backward‐Looking)
Windows Analysis (Retrospective, Forward‐Looking)
Window 1 above Month 1
Window 2 above Month 2 [No Delays]
Window 3 above Month 3
Window 4 above Month 4 [No Delays]
Window 5 above Month 5
Overall Impact
Time Impact Analysis (TIA) (Prospective or Retrospective, Forward‐Looking)
Collapsed As‐Built Analysis (Retrospective, Backward‐Looking)
Summary
Notes
Chapter 7 Step 6: Calculate Damages
Methods to Calculate Damages
Actual Cost Method
Agreed Upon Cost Method
Estimated Cost Method
Modified Total Cost Method
Markup on Damages
Damage Categories
Scope Change Damages
Delay Damages
Productivity Damages
Acceleration Damages
Consequential Damages
Home Office Overhead Claim
Lost Profits Due to Loss of Bonding Capacity
Interest Claims
Loss of Profit on Incomplete Work
Notes
Chapter 8 Step 7: Formatting and Packaging the Claim
Overall Claim Report Outline
Formatting
Writing Style and Organization
Be Factual, Clear, and Unemotional
Active Voice vs. Passive Voice
CRAC Method for Writing Organization
Chapter 9 Step 8: Non‐Binding Dispute Resolution
Introduction
Prevailing Party Provisions
Settlement Meetings
Mediation
Mediation Venue
Mediation Statements
Mediation Format
Settlement Paperwork
Learn from the Process
Mediation Presentations
The Mediation Process Is Purposefully Exhausting
Chapter 10 Step 9: Binding Dispute Resolution
Litigation
Arbitration
Discovery and Disclosures
Witness Testimony
When Can Expert Testimony Be Used?
Requirements for Expert Testimony
How Parties Can Exclude Expert Witness Testimony
Deposition Testimony
Deposition Rules
Typical Deposition Testimony Process
Recommendations for Deposition Testimony
Be Mindful of the Following Scenarios During Depositions
Deposition Testimony Used as Impeachment at Trial
Trial and Arbitration Testimony
Note
Chapter 11 Termination Claims
Termination for Convenience (Owner Termination of Contractor for Convenience)
Calculation of the Final Payment Due to the Contractor Under a T for C
T for C proposal
T for C Provisions in Standard Contract Forms
Termination for Cause (Owner Termination of Contract with Contractor)
T for D Provisions in Standard Contract Forms (Termination by Owner)
Key Procedural Provisions in Standard Bond Forms
Termination for Cause (Contractor Termination of Contract with Owner)
T for D Provisions in Standard Contract Forms (Termination by Contractor)
Chapter 12 Non‐Contract Claims and Defenses
Introduction
Non‐Contract Claims
Quantum Meruit
Unjust Enrichment
Negligence
Breach of Implied Warranty
Mechanic\'s Liens
The Miller Act and the Little‐Miller Act Claims
Non‐Contract Defenses to Breach of Contract Claims
Estoppel
Waiver
Unconscionability
Summary
Chapter 13 Allocation of Damages
Step 1 Defining the Issue in Dispute
Step 2 Defining the Duties of the Various Parties
Step 3 Is the Issue Patent or Latent in Nature?
Step 4 Was the Defective Work Covered Up by a Subsequent Trade?
Step 5 Did a Third‐Party Inspector Approve the Work?
Step 6 Do the Contracts have Indemnification Clauses?
Step 7 Identify the Responsibility of the Various Parties
General Theory of Allocation Percentages
Chapter 14 Conclusion
Index
EULA