L ONG INTERNATIONAL

Legal Entitlements / Liability*

Claim

Defective & Deficient Contract Docs.

Resolution

Impossibility of Performance
Differing Site Conditions

Owner-Furnished Items

Variations in Quantities
Methodology

Constructive Change

Superior Knowledge

Unjust Enrichment
Delays/Disruption

Maladministration
Implied Warranty
Directed Change
Cardinal Change
Acceleration

Termination
Suspension

Weather
Strikes
Issues and Classification Causation Costs
Evaluation of RFIs, specifications, drawings,
Issue Design & Specification contract “order of precedence” clause, notices, $ $ $

POTENTIAL COMPENSABLE DAMAGES

No. 1 Related Problems correspondence, etc.

Evaluation of change orders, field work orders,

Issue Directed and contract “changes” clause, bid estimate, $ $ $
No. 2 Constructive Change notices, etc.

Evaluation of core logs, soil reports, geological

Issue Changed Site reports, photographs, notices, correspondence,
drawings, etc.
$ $ $
No. 3 Conditions
Preparation of CPM schedule analyses such as
Issue Delay and time impact, as-built but-for, as-planned impacted,
windows, or other analyses.
$ $ $
No. 4 Suspension
Evaluation of planned vs actual man-hours using
Issue Lost Productivity / techniques such as “measured mile”, impact factors
from Corp of Engineers, Business Roundtable, MCA, $ $ $
No. 5 Impacts NECA reports, Leonard Study, etc.
Evaluation of rework, nonconformance reports,
inspectors’ logs, delays, absenteeism, supervision
ratios, weld failures, correspondence, etc.
Execution Errors (NONCOMP)
Contractor-Caused Problems
Bid Estimate Analysis Bid Errors (NONCOMP)
Pending Contract
Pending Change Orders Adjustments
Change Order
Documentation
Approved Change Orders
Current
Contract Drawings and Contract
Original Contract Specifications and/or Value
Scope CONTRACT TERMS AND CONDITIONS Performance Requirements
AND CONSTRUCTION CASE LAW
*Entitlements shown for each issue are presented
as an example only and do not limit other
entitlements for potentially being appropriate. DOCUMENTATION ACTUAL COST RECORDS