Has anyone dealt with a construction contract that has a “changes in the work” clause, requiring written notice? For defense purposes, did you use that as a defense and/or counterclaim? Any supporting caselaw?

like
Posting as :
works at
You are currently posting as works at

Would need more information, but that clause generally relates to written change orders. Doing work without written change orders would be a breach.

like

Your arguments will depend heavily on the facts of the case. Requiring written change orders and change directives is pretty standard in construction contracts, but it is also fairly typical to find that change order work proceeded before a formal written change order or directive was issued by the owner. A clause requiring written notice to the owner of changed site conditions is also standard, but neither clause would defeat a reasonable value claim.

like

Or a constructive change claim.

Some states only enforce notice provisions if the owner has been prejudiced by lack of notice. Check for whether the state courts strictly enforces notice provisions. But yes, we've used that argument before successfully that someone didn't provide the requisite 21 days notice for changes or claims.

like

Related Posts

Do you think it’s okay for a hiring manager to ask folks that they think may know you because they may have worked with you for references without asking you for references or asking you if it’s okay to ask?

like

Why HGS ESS has a terrible interface?

like

Hello! How did you get started with excel as an HR professional? What are some good resources for me to develop my excel skills (courses, certifications, etc)? People often say YouTube but as a hands on learner I’d like something more interactive that will test me.

like

Voluntary Provident Fund option available in IBM?

like

Hi Fishes,

My work location in offer letter is mentioned as B-23, Sector 58, Noida.
Is it a new office of EY because i heard that they had office in sector 126.
I am aligned to SAT team.

like

What are the biggests costs involved in starting a veterinary office?

like

Who has summer adventures planned? What trails?

is it worth joining as a test consultant in Microsoft Dynamic 365 CRM team? Currently working as QAE 1 in Amazon. I am getting 50% hike there.
#Microsoft @Microsoft
Location: Bangalore

Best all around full frame lens for Sony a7R iv?

Anyone have any experience of doing a job based in the US but being a Canadian resident? It would be fully remote with some travel to US and CAD. How did you learn about work visas? How did they pay USD/CAD? Did you end up paying more tax? I know we have a treaty…but struggling to know how to navigate it with my best interest at heart

likesmart

Been looking to buy my first luxury watch. I have been looking at Breitling ( Avenger) as my first purchase and also panerai but mostly would be my 2nd purchase. Looking to spend 5k-6k on it. Any other recommendations or help would be appreciated.

like
like

So, what if your kid is in a 6 person Montessori class with no interaction outside of their “pod”, serious disinfection and prevention practices and all the other parents are super socially conscious and aware. 2 teachers per classroom and no infections during summer school on campus.
Yay or nay?

like

Looking for a woman AD with mid to senior experience to partner up on a couple of projects. Please DM me

Hi fishes,
I have been working as a business analyst for last 3 years and some how feel like saturated with mundane sql and reporting can some one please suggest me a fast track prep plan for Data Scientist transition. Good with sql and functional programming and basics of Machine learning.

like

With COL going up everywhere, why don’t employers give raises?!

like

8.5 yoe and _vois is offering me 22.10 lpa ( fixed + 13% variable) . I asked for around 24% . Is it a good offer ? Should i accept ?

like

What is the difference between PwC practice offices and Acceleration center? Is it hard to transfer from one to another?

Hi All,

I have been an automation engineer for around 6 years and wanted to switch my career from QA to a management post or a Business analysist post.
What should I do for it to have this career change

like

I have 6 years of experience in Linux Administration and shell scripting and have good knowledge in AWS. Is there any vacancy for above skillset?

like

Additional Posts in Construction Law

What are the firms with the best construction practices, especially in NYC? I've heard Greenberg and Venable but this is a practice area I know very little about

like

Have any other cities besides Boston ordered a construction shutdown?

This poor dead bowl 😭. Construction and energy attorney here!

likefunny

Has anyone seen guidelines for jobsite safety protocols? Clients are saying that cities/counties/states/CDC are all giving conflicting advice right now.

like

Putting some feelers out...is anyone’s firm hiring senior construction associates in California? My practice has typically focused on heavy civil and commercial contractor plaintiff litigation.

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Send download link to your phone

OR

Scan your QR code to download
Fishbowl app on your mobile

By continuing you agree to Terms of Use and Privacy Policy.

Messaging rates may apply

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal