KPPB Law provides expert construction claims and dispute services. Often considered to be a daily characteristic of the construction industry, construction claims and disputes occur frequently, affecting job sites, projects, schedules, workers, and employers.
Should a dispute arise that requires a construction claim, KPPB Law’s experienced, highly-skilled construction attorneys will fulfill all of your construction claims needs. From front-end analysis through post-conflict resolutions, KPPB Law’s dedicated construction insights yield effective, efficient, and informed results.
We Assist with a Variety of Construction Claims and Disputes
KPPB Law’s knowledgeable and dedicated construction attorneys are sure to thoroughly analyze and assess the contract directly associated with the particular construction claim and dispute in order to provide the most comprehensive, and persuasive, representation or defense.
Acceleration claims occur when the contractually established construction schedule is pushed toward an accelerated completion. Schedule acceleration may be pursued due to delays or unexpected impacts of external forces. When acceleration occurs, extra costs are accrued in order to hire the necessary additional labor, compensation for overtime, and the provision of extra resources.
There are two kinds of accelerated claims: direct acceleration and constructive acceleration. Direct acceleration occurs when the employer explicitly orders the acceleration of work. Constructive acceleration occurs when the employer denies a contractor’s valid request of schedule extension. However, acceleration claims are not associated with any voluntary acceleration that might occur should a contractor wish to expedite the schedule in order to alleviate delays, save money, or simply move on to the next project.
Change claims occur when the construction site, or construction project, encounter some kind of change that violates the stipulations designated in the contract. Code revisions, incomplete specifications, unclear contract drawings and bidding documents, are just a few harbingers of change claims. The results of these changes directly impact the project and site, altering schedules and costs.
Construction Delay Claims
Construction delay claims occur when the construction project’s schedule is directly impacted, slowing or stalling production. Construction delays are often the result of unanticipated events or circumstances which prevent the plan of work from being fulfilled. When assessing construction delay claims, three factors are heavily focused upon and emphasized: the delay’s source, the delay’s direct impact, and the delay’s anticipated ramification. Construction delay claims are the most common type of claim filed in the construction industry.
Differing Site Conditions Claims
Differing site conditions claims occur when the site physically differs from its contractual description. For instance: if a contract does not disclose existing subsurface ground conditions (whether knowingly or unknowingly) and an unforeseen obstruction, such as an underground rock formation, prevents the continuation of the established method of construction, a differing site conditions claim would be filed.
Design/Construction Defect Claims
Design and construction defect claims occur when a project lacks quality workmanship. Incompetently chosen hardware, poorly specified guidelines, or lack of quality control, may all result in construction defects. Sometimes, construction defects occur when substandard materials are supplied in an effort to minimize costs, regardless of material insufficiency.
Force Majeure Claims
Force Majeure claims occur as the result of extraordinary circumstances, or “Acts of God.” Legal changes, governmental changes, natural disasters, labor strikes, and severe weather, may all herald Force Majeure claims. With a Force Majeure claim, neither involved party is entitled to compensation–however, excusable delays and circumstantial schedule extensions are usually granted. Force Majeure claims often cover the direct damages of the extraordinary circumstance, as well as any resulting complications that may cause reduced labor or productivity.
Labor Productivity Claims
Labor productivity claims occur when loss of labor has been observed, or when labor has been deemed ineffective. Labor productivity claims are the most challenging claims to file because it is extremely difficult to distinguish, or identify, the decline of labor productivity. Often, productivity rates on construction sites are not actively tracked with precision, creating a disconnect between the cause labor loss and the effect labor loss. Though determining the root-cause of labor productivity losses is challenging, common instigators are mismanagement, inspection impositions, mismanagement, overcrowding, or inclement weather.
Suspension and Termination Claims
Suspension and termination claims occur when the employer instructs the contractor to cease project functions in varying levels of severity. Suspension claims occur when a contractor is instructed to temporarily stall project functions. Termination claims occur when a contractor is instructed to permanently stop project functions.