Praise for the Second Edition ..."A basic, how-to guide ...for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract ...highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations.
Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.
ROBERT A. RUBIN is a partner of the New York City law firm of Postner & Rubin, a Fellow of the American Society of Civil Engineers, and the 1999 President of the American College of Construction Lawyers. VIRGINIA FAIRWEATHER, retired after 15 years as editor-in-chief of Civil Engineering magazine, published by the American Society of Civil Engineers, has been a journalist in the engineering and construction field for over 25 years. SAMMIE D. GUY, formerly contracting officer at the Bureau of Reclamation, is retired as the Director of International Affairs, Bureau of Reclamation, Department of the Interior, Washington, D.C.
CLAIMS--UNDERSTANDING AND AVOIDING THEM. The Groundwork: The Contract. Red Flag Clauses. Differing Site Conditions/Changed Conditions/Geotechnical Baseline Reports. Changes. Environmental Regulation and Contract Claims. Delays. Contractor's Costs of Delays. Owner's Damages for Delays. Bonding. PROSECUTING AND DEFENDING CLAIMS. Documentation and Record Keeping. Claims Presentation. Formal Dispute Resolution. Appendices. Index.