Changes in Work and Claims Provisions in Construction Contracts

Summary

Once construction begins on a project, changes are inevitable due to changing or unforeseen site conditions, design issues or the owner's shifting needs or desires. It is imperative that construction contracts contain a framework for dealing with these changes efficiently and fairly. This practice note provides practical guidance for drafting change in work provisions in construction contracts. In addition, this practice note provides guidance on drafting contract provisions necessary to address contractor claims for additional compensation or time to perform their work. These claims can arise following owner initiated changes to the scope of work, the contractor's performance of extra work not initiated by the owner, or delays not within the control of the contractor.