Fundamentals of Construction Claims

Demystify complicated construction claims with this indispensable guide

Given how common complex claims have become in the modern built environment, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects and Engineers is an absolutely critical addition to the library of any construction professional.

Written by William J. McConnell, PE, JD, MSCE, CDT, a celebrated lawyer, author, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author's straightforward 9-Step method helps readers avoid costly dispute resolution fees by:

• Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, and weather delays
• Offering procedures for calculating delay impacts through forensic scheduling analysis
• Defining, in detail, four simple ways to prove damages

Throughout, relevant case studies are used to illuminate the principles found within and bring life to the concepts the author introduces.

Acknowledgments

1 Introduction

2 Step 1: Review the Dispute Resolution Procedures

3 Step 2: Define the Type of Dispute

4 Step 3: Fulfill Pre-Claim Requirements and Notice Requirements

5 Step 4: Establish Entitlement

6 Step 5: Calculate Delay

7 Step 6: Calculate Damages

8 Step 7: Formatting and Packaging the Claim

9 Step 8: Non-Binding Dispute Resolution

10 Step 9: Binding Dispute Resolution

11 Termination Claims

12 Non-Contract Claims and Defenses

13 Allocation of Damages

14 Conclusion

Index

WILLIAM J. McCONNELL, JD, MSCE, PE, is co-founder and CEO of The Vertex Companies, Inc. Vertex is an AEC firm that delivers integrated forensic, engineering, construction, and environmental solutions on complex projects around the world. McConnell is a top expert witness for large and complex domestic and international construction disputes. He has testified approximately 160 times, most notably for damages, allocation, scheduling, productivity, and standard of care opinions.

Demystify complicated construction claims with this indispensable guide

Construction projects are complex, and disputes happen frequently throughout the course of projects of all sizes. This roadmap for construction professionals, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects, Engineers, and Owners is an essential resource for assembling and presenting claims.

Written by William J. McConnell, lawyer, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author’s straightforward 9-Step method helps readers avoid costly dispute resolution fees by:

• Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, weather delays, etc.
• Offering procedures for calculating delay impacts through forensic scheduling analysis
• Defining, in detail, four simple ways to prove damages.
• Providing relevant case studies, sample forms, and real world construction claims.

Construction claim preparation is difficult, which often leads to rejected submissions and significant court or arbitration costs. This book will help contractors avoid costly dispute resolution through the detailed 9-step methodology on how to package and present claims during construction.