Maple Insight’s Post

Cost-to-completion wasn’t regularly carried out. The engineer’s determinations were steeped in bias. He abused his discretion. There’s a laundry list of breaches. You know you’re entitled to more, but you need arguments and reason. So, are you going to prepare your claim all alone? Visit https://lnkd.in/dvtJQnUz to learn more about how Construction Management Associates supports contractors with claims management.

“Liquidated Damages” refers to a pre-agreed amount that one party will pay the other if they breach certain terms of a contract. This is often used in construction contracts to cover losses due to delays. Understanding this term is crucial to managing your project’s risks.

Price escalation clauses can be a game-changer for construction contracts, helping contractors manage market volatility and providing project owners with crucial cost predictability for materials and labor. In our new article, J. Daniel Weidner and Taylor Hayes explore how these clauses work and why they’re essential for both parties. 👉 Read more to discover how these clauses can benefit your next project: https://lnkd.in/gQXx49a5 #constructionlaw #constructioncontracts #contractmanagement

Next Thursday, Nathan Cohen, managing partner of P&A’s Los Angeles office, will present during “Understanding Delay Claims, Contract Clauses, and Their Impacts,” a webinar hosted by the Construction Management Association of America (CMAA). This webinar panel will discuss delay claims and the impact of various causes of construction delays such as weather/changing weather patterns, unforeseen events (supply chain interruptions), and how delay and escalation should be addressed. Attendees will also learn how to mitigate delay risks through proper contract drafting and conclude with lessons learned from a contractor’s perspective. Click the link below to learn more and register. #construction #constructionlaw #PeckarAbramson

Who owns the project buffer? First of all, what is a buffer? It is the time between the last baseline schedule activity and the contractual completion date where the contractual completion date is later than the scheduled completion date. In other words, buffers are schedule contingencies. As such, it can be deemed to provide protection against all possible project issues. The problem is that everyone wants the sweet cake for themselves. So, who has the rights over the buffer? Contractor or Project Owner? Contractor owned buffer means that buffer will protect against Contractor's errors, while Owner owned buffer will cover Owner’s errors. Idea of buffer being owned by the project owner is a bad idea. In case when the buffer is owned by the Owner, the Owner may produce delays without compensating the Contractor for caused damages. The Contractor will be required to bear the cost of such delays. But, the Contractor has no way of preventing and/or predicting delays caused by items which are under the Owner’s responsibilities. Further, when the cost of Owner’s delays is imposed on the Contractor, the Owner has no longer interest to put efforts to prevent delays. So, if the buffer is intended to provide protection against delays for which the Contractor is responsible, it must be owned by the Contractor only. If, for some reasons, the Owner needs a buffer to protect himself against delays under his own risks, such a buffer must be agreed through the contract. #constructionplanning #constructionscheduling #projectcontrol #planningengineer

Just finished Construction Management: Planning and Scheduling Two key points that always need to be considered from litigation perspective. 1.Ownership of floats 2.Definition of days in the contract Check it out: https://lnkd.in/ewmPDQEB #constructionprojectmanagement

Are we seeing an existential challenge to main Contractors? NG Bailey has returned to profit - citing some of the reason being doing a number of deals directly with the end client. Will more sub contractors follow suit? Some consultancies are moving into an almost managed principle contractor or construction management service for clients. At the heart of this is a feeling that the business model of main contractors is broken and carries huge risk both to the business but also its suppply chain. What do you think?

On February 15, Nathan Cohen, managing partner in P&A’s Los Angeles office, will present during “Understanding Delay Claims, Contract Clauses, and Their Impacts,” a webinar hosted by the Construction Management Association of America (CMAA). This webinar panel will discuss delay claims and the impact of various causes of construction delays such as weather/changing weather patterns, unforeseen events (supply chain interruptions), and how delay and escalation should be addressed. Attendees will also learn how to mitigate delay risks through proper contract drafting and conclude with lessons learned from a contractor’s perspective. Click the link below to learn more and register. #construction #constructionlaw #PeckarAbramson

🚧 Key Escalation Risks in Construction Projects 🚧 Construction projects often face unexpected risks that can drive up costs and delay completion. Here are some common escalation risks: 💸 Cost Inflation – Rising material, labor, and energy costs. ⏳ Project Delays – Permitting issues, contractor delays, and bad weather. ✏️ Scope Changes – Design errors and scope creep. ⚖️ Legal Disputes – Contract mismanagement and litigation. 🚢 Supply Chain Issues – Global shortages and delays. 💰 Financial Risks – Rising interest rates and economic downturns. 🏥 Health & Safety – On-site accidents and health crises. Our experts at Armanino are here to help mitigate these risks and keep your project on track! Learn more: https://lnkd.in/g2F8KUGt #ConstructionRisks #CostEscalation #ProjectDelays #Armanino

Managing variations in construction contracts is essential for ensuring project success and avoiding disputes. Effective variation management requires a strategic approach and attention to detail. I am sharing nine crucial tips that will help you handle contract variations smoothly and keep your projects on track. #ConstructionManagement #ContractVariations #ProjectSuccess