Construction Contract General Conditions: Addressing Risk-Laden Clauses (Part 1)

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Introduction

Construction contracts generally consist of the following documents:

  • The plans
  • The specifications
  • The contract: Agreement, General Conditions and Special Conditions

The plans and specifications focus on the specific technical requirements and quality of the end product. These technical requirements specify the nature of the materials, allowable tolerances and acceptable criteria for contract compliance. The plans (which provide the basis for quantity takeoffs) and the technical specifications typically form the baseline of a contractor

Change Clauses, Notice, Extra Work and Reservations of Rights

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INTRODUCTION

Directing performance of extra work on a construction project was once little more than a rudimentary task for the architect or resident engineer. Unfortunately, such simplicity is no longer the order of the day. Contractors and subcontractors alike are becoming increasingly reluctant to proceed with extra work without complete assurance that all direct and impact costs will be paid. Absent such assurance, they are insisting that the extra work proceed reserving the right to reimbursement for additional time and costs if warranted. Conversely, owners and architect/engineers are equally reluctant to direct additional work if the time and financial aspects are not firmly established. With such an atmosphere, the extra work/change order process in construction has become ripe for controversy.

 

Primavera P6 Date and Percentage Fields Explained

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Most P3 users have now migrated to P6. One of the most confounding aspects of the transition for former P3 users is the number of new and different fields for activity start dates, activity finish dates and activity percent complete. P6 is not merely an update of the old P3 software, it is new product. And although some fields have similar names in both P3 and P6 those fields perform quite differently in P6. The quantity of new fields in P6 together with a general lack of clear documentation is the source of potential confusion over how to use and interpret the various date and percent complete fields. Whether you are a former P3 user or a new P6 user, a basic understanding of the date and percent complete fields is essential to correctly communicate and manage the schedule on your project. Here is an overview:

P6 Date Fields

Start/Finish: The current Start/Finish dates based on schedule logic and resource availability. This is the equivalent of the Early Start/Finish dates in P3.

Early Start/Finish: The Earliest Date the remaining work for the activity can start/finish and is not earliest start for the entire activity. This causes much confusion for former P3 users. Also, when the Early Start/Finish dates are displayed, actual dates are not followed by an