• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

September 28, 2016

Protecting Construction Claims

Latest News
September 28, 2016

Protecting Construction Claims

A reminder of common-sense methods to “preserve construction claims.”

All experienced and successful contractors realize the importance of maintaining records of their business activities.

Conflict resolution is an integral part of construction. Decisions must be made, in part, defensively, taking into account the need to be prepared for the ever-present possibility of litigation.

A short but excellent article in CONSTRUCTION law signal by Christopher D. Carusone and Matthew R. Skaroff, explains why record-keeping provides contractors with added protection should litigation arise.

The authors’ main point is that the manner in which records are preserved is as important as the fact that these records exist. Certain types of records add credibility to a contractor’s case.

“Active and organized record-keeping from the start of the project allows parties to reconstruct problems accurately years later. Standard and objective record-keeping, even when there are no visible problems, support a party’s credibility…”

For example, field notes from daily project logs can demonstrate weather conditions or actions by an owner that may have impacted job costs or project completion dates.

Also, according to the authors, “maintaining these records in the ‘ordinary course of business’ has an added bonus—in court, business records are admissible as evidence and speak for themselves, under a special rule.”

When a contractor files a claim or has one filed against it one of the first questions of fact that arises is whether proper notice of the claim was given in a timely manner. A legitimate claim filed a day late will usually not be entertained by the court.

Contracts should be read carefully before they are signed and again immediately afterwards. Time limits and deadlines should be recorded and earmarked on the project calendar. The appropriate forms and other information required for a filing should also be recorded.

“Payments, change orders, and contract modifications often come with releases.” The authors urge contractors to “specifically exclude” from these releases any potential claims they are aware of.

The simple, but often overlooked steps outlined above, can determine whether a contractor successfully prevails in a dispute.

Source—

The Early Contractor Gets the Worm: The Active Process of Preserving Construction Claims, Christopher D. Carusone and Matthew R. Skaroff, CONSTRUCTION law signal, Sept. 13, 2016.

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

Advance Registration Rates In Effect For CSC 2023

Advance registration rates are now in effect for Construction Super Conference, scheduled for Nov. 29 – Dec. 1, 2023.

Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

DOL Addresses Extreme Heat: Beneficial For Construction Industry?

The DOL intends to “ramp up enforcement of heat-safety violations” in the work place, including construction sites.

Latest News Latest NewsNews

EDITORIAL: New DOL Davis-Bacon Rule Misses the Mark

This rulemaking critically missed an opportunity to improve the wage determination process.

Latest News Latest NewsNews

Infrastructure Lags, Homebuilding Surges

ARLINGTON, VA - Two types of private nonresidential spending increased significantly in May, while most other categories lagged.

Latest News Latest NewsNews

Building Regs In New York: A Peek Into The Future

NEW YORK, N.Y. - Changes are coming as a result of Nov. 8, 2022 amendments to the building code.

Latest News Latest NewsNews

Newest CSC EAB Member: “Old Pay-To-Play Format Is Long Gone”

As the newest member of the CSC EAB, Wendy Venoit has definite opinions about the kinds of educational sessions that contribute to a successful conference.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   DO NOT SELL MY PERSONAL INFORMATION   TERMS OF USE   PRIVACY POLICY