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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Change Orders - The Good, the Bad & the Ugly (CCLD51J)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP
  • Conference Date
    Wed, December 16, 2015
  • Length
    60 minutes

Changes Clause in Construction Contracts & How to Manage and Mitigate Change Orders

Virtually no construction project is completed without change orders. The contractual basis for change orders is the Changes clause included in all contracts. This clause allows owners to modify the work to address changing needs, to resolve unforeseen issues and/or to respond to new requirements. The problem is most owners think change orders are a contractor's ploy to increase their profitability on a project. Owners tend to forget that the Changes clause is included in contracts for the benefit of owners, not contractors.

This webinar by our expert speaker, James G. Zack, Jr., will discuss the need for and the history of the typical Changes clause as well as how it operates. He will outline the most common causes of project changes as well as techniques to reduce the needs for changes in projects. You'll be able to identify the different types of changes and the notice requirements that are typical in most Changes clauses. You'll also be able to identify the rules concerning a contractor's entitlement to recover cost and time resulting from project changes. Further, James will discuss the pricing of changes and what is required to prove time extensions, impact costs and the cost of "changes to unchanged work".

After attending this webinar you will have a better understanding of the need for a Changes clause. Attendees will also learn how this clause can be used to make claims under the contract.

Session Highlights:

  • Learn about the most common causes of changes and ways to reduce or mitigate these causes.
  • Review the standard change order process included in most contracts.
  • View case studies of situations when courts set aside notice requirements and award damages even in the absence of contractor compliance with the requirements of the Changes clause.
  • Understand the criticality (for contractors) of filing prompt written notice of changes and the risk arising when written notice is not provided.
  • Discuss some of the best management practices for mitigating and managing change on projects.
  • Learn about the concept of Constructive Change.
  • Learn about the legal concept of the Cardinal Change.
  • Understand what may be changed under typical Changes clauses.
  • Consider the differences in risk between bilateral and unilateral changes.
  • Review the general rules of contract interpretation.
  • Get some tools for minimizing change orders on projects.

Who should attend?

  • Owners
  • Design professionals
  • Owner site representatives
  • Construction managers
  • Contractors
  • Subcontractors

Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.


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About the Presenter(s)


Jim is the Senior Advisor to the recently formed Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder and Executive ...More Info

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