Project Delays, Disruptions, and Changes 2
TYPES OF PROJECT DELAYS 2
Delays fall into three general categories: 2
Excusable/Non-Compensable Delays 2
Compensable (Owner Caused) Delay 2
Non Excusable (Contractor Caused) Delay 3
DOCUMENTATION OF DELAYS, DISRUPTIONS AND CHANGES 3
The Current State of Washington Law Regarding Notice. 3
Proposed procedure and process 5
Proposed Legislation 6
DAMAGES FOR DELAY - New Developments 6
RCW 4.24.360 6
In the Scoccolo case 6
The City’s franchise agreement with Puget stated in part 7
The TCI franchise agreement 7
RESOLVING DISPUTES THROUGH MEDIATION AND ARBITRATION 7
Tips For Mediating Disputes 7
Dispute Resolution Using Project Controls 9
PROJECT CONTROL SYSTEMS 9
Cost Control Systems 9
Network Scheduling 10
Time impact analysis 10
Project Delays, Disruptions, and Changes
In a perfect world, all construction projects would finish on time, without changes or disruptions. Despite the common public perception that contractors cannot wait for the changes to start on a project because that is where they allegedly “make their money”, most contractors would prefer their projects to complete without changes. Changed work complicates a project, invites delays and increases the project cost — all things that make owners unhappy.
In reality, nearly all projects of any substantial size experience changes and/or delays, therefore the parties are well served by thinking about how they will handle changes and delays prior to the start of construction. Setting out a framework in the contract for dealing with this inevitability is in the interest of both the contractor and the owner.
TYPES OF PROJECT DELAYS
Delays fall into three general categories:
In these situations neither party is responsible to the other for any costs associated with the delay. These delays are those that are typically included in force majeure clauses — abnormal... [continues]
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