ACPA Quarter 3 2019

www.acpa.org Quarter 3, 2019 23 A B O U T T H E L A W Thomas Olson is the founding partner of Olson Construction Law. Tom’s commitment is to provide guidance on how to resolve issues on the jobsite, not in the courtroom. Tom has worked on highway heavy projects throughout much of the United States for more than thirty years. A prolific speaker and writer as well as attorney, his expertise is in concrete and asphalt paving, utility, earthwork and bridge construction, schedule analysis, material testing, and the technical and legal obligations of both engineers and contractors. Rielly Lund is a committed advocate for contractors, with the ability to quickly and accurately analyze a client’s issue within the parameters of each specific contract. Rielly works with contractors through all stages of construction, from bidding to acceptance, with the goal of minimizing risk and maximizing profits for contractors. With this in mind, Rielly enjoys discussing various contractual requirements with contractors before issues arise, so they are best able to meet any challenges head on. ABOUT THE AUTHORS contractors often work to find a solution. While it is admirable partnering for a contractor to help overcome a design bust, the contractor must clearly commu- nicate in writing that any proposed fixes are merely “suggestions.” Additionally, contractors must clearly communicate that they cannot and will not proceed until they receive a formal design directive from the engineer. This is not only fair, but what the contract requires. Contractors’ contractual responsibility is to construct the project as designed. If this cannot be done (or cannot be performed as anticipated), it is the engineer’s responsibility to remedy this through a formal design change. This will help ensure that if the proposed remedy does not work, it is the engineer’s financial responsibility, not the contractor’s. Moreover, insofar as contractors normally do not carry errors and omissions (E&O) liability insurance, it is critical that contractors get formal direction from the engineer and properly document any design changes. Don’t let an owner/engineer off the hook by failing to document any agreements or discussions in the field. And, when in doubt, make sure you are following any and all contract procedures to preserve your rights in the event the other party fails to hold up their end of the bargain. Of course, you cannot do what the contract requires unless you know what the contract requires. Olson Construction Law, P.C. is happy to assist you with this process and help ensure you are doing everything required legally and contractually. Timely, accurate and complete documentation will provide you with the tools to fairly, equitably and cooperatively resolve change issues on the jobsite, not in the courtroom! * The information contained herein is not intended to be relied upon as legal advice, as a solicitation to provide legal services, or in any manner to form an attorney-client relationship. Readers should consult with an attorney about specific project questions and other legal matters. Copyright © 2019 by Olson Construction Law, P.C.