LEGAL AFFAIRS SECTION
Jan 1, 2007

Risk Allocation by Law—Cumulative Impact of Change Orders

Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 1

Abstract

Change, defined as any event that results in a modification of the original scope, execution time, or cost of work, is inevitable on most construction projects due to the uniqueness of each project and the limited resources of time and money available for planning. There are many factors that may cause a change such as design errors, design changes, additions to the scope, or unknown conditions in the field. For each change, contractors are entitled to an equitable adjustment to the base contract price and schedule for all productivity impacts associated with the change. The focus of this paper is to outline the types of changes that can occur on a construction project and also to spell out the financial recovery possibilities that exist for the contractor for each type of change. There are many historical and current court decisions that shape the outcomes of such claims and determine who holds the risks associated with various project changes. Also, an effective cumulative impact claim contains certain vital elements upon which the final outcome will be determined by the legal system. Last, there are certain actions that a contractor and owner can do to either enhance or mitigate the effectiveness of a potential cumulative impact claim.

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References

Backus Carranza Attorneys at Law. (2003). The cumulative impact claim: Where do we stand in 2003? Las Vegas.
Centex Bateson Constr. Co. v. West, 250 F.3d 761 (Fed. Cir. 2000).
Devonshire, P. (1998). “Contractual obligation in the pre-award phase of public tendering.” Osgoode Hall Law J., 36(2).
Finke, M. R. (1997). “Claims for construction productivity losses.” Public Contract Law J., 26, 311.
Fitzgerald, Watt, Tieder, and Hoffar, L.L.P. (2002). “A Surtey’s guide forevaluating construction claims.” Northeast Surety and Fidelity Claims Conf.
Jones, R. M. (2001). “Lost productivity: Claims for cumulative impact of multiple change orders.” Public Contract Law J., 31(1), 1–46.
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Keating, G. (2000). Public sector design-build construction risk, risk shifting in government construction contracts, ABA, Public Contract Law Section, New York.

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Go to Journal of Professional Issues in Engineering Education and Practice
Journal of Professional Issues in Engineering Education and Practice
Volume 133Issue 1January 2007
Pages: 60 - 66

History

Received: Dec 6, 2005
Accepted: Mar 27, 2006
Published online: Jan 1, 2007
Published in print: Jan 2007

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Authors

Affiliations

Awad S. Hanna, M.ASCE
Professor and Construction Engineering and Management Chair, Dept. of Civil and Environmental Engineering, Univ. of Wisconsin–Madison, 2314 Engineering Hall, 1415 Engineering Dr., Madison, WI 53706. E-mail: [email protected]
Justin Swanson
Research Assistant, Dept. of Civil and Environmental Engineering, Univ. of Wisconsin–Madison, Madison, WI 53706.

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