Consulting engineers who work on projects that include construction often find themselves having to deal with claims from contractors, and less often from the facility owner. Construction claims occur:
- Because construction is risky, and contractors often misjudge the risk and then try to recoup losses by making claims;
- Construction involves many unknowns, especially with underground construction, with changed conditions resulting;
- Ideas for changes or improvements in the facility being constructed come to light only during the actual construction process; and, most importantly
- The parties to the construction contract cannot agree to the extent of the change.
Construction Contract Provisions for Changed Conditions
No matter how well the construction drawings and specifications are prepared, every detailed item of a construction project cannot be known or shown. Some things can be learned only as construction is taking place. Most construction contracts include the recognition that changes will be either necessary or desirable.
For example the Engineers Joint Contract Documents Committee [EJCDC] General Conditions include several paragraphs which anticipate the types of changes that are likely to occur.
