ACPA Concrete Pavement Progress - Quarter 3, 2021

www.acpa.org Quarter 3, 2021 21 C O N S T R U C T I O N L A W continues on page 22 » 1. Project changes are inevitable The reality is the project a contractor is required to construct is increasingly different than the one it bid on. Project changes are inevitable. This is true for a number of reasons, examples of which include: • Owners are late providing site access (e.g. failure to obtain necessary permits or easements, delay in issuance of NTP); • Late utility relocation; • Unmarked/mismarked utilities; • Material delivery delays; • Differing site conditions; • Estimated quantity errors; • Design busts; and • Weather. 2. Unless contractors and engineers learn about the applicable contract provisions and how to use them, the impact of changes cannot be fairly addressed Each of these change issues can significantly increase the cost and time of work. Indeed, some- times the issue can be so severe that it can affect constructability. The good news is that contracts may include important rights for contractors to receive additional compensation and time exten- sions for these issues. The bad news, based onmy experience, is that contractors and engineers alike do not fully understand: • Whether the contract provides such a right; • If such right exists, what is procedurally required to exercise this right; and • How do you calculate the impact in time and money. Project Changes: Creating a Roadmap to Obtain Additional Compensation and Time Extensions By Thomas Olson