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Contract Administration: Construction Management Jumpstart Second Edition Barbara J. Jackson
Contract Administration: Construction Management Jumpstart Second Edition Barbara J. Jackson
Contract Administration: Construction Management Jumpstart Second Edition Barbara J. Jackson
CONTRACT ADMINISTRATION
CONSTRUCTION MANAGEMENT JUMPSTART
SECOND EDITION
BARBARA J. JACKSON
CHAPTER 7
CONTRACT ADMINISTRATION
TOPICS TO BE DISCUSSED:
Utility Conflict: Use this type of RFI when utility lines (such
as water pipes or power wires) stand in the way of
proceeding with construction as originally planned.
Change order is the standard procedure used to instigate and managing these changes. It is a
document used to alter the original agreement on a construction project. It details the
changes in the scope of work, cost, and schedule that are required.
In many instances, the construction contract dictates the change order process. The contract
should provide specific guidelines on how to manage and process the change order.
Change orders will not only alter the project scope and schedule, but they can also affect a
contractor’s liability and put their payment at risk.
Change Order
If the contract doesn’t specify the change order
to use, a contractor may choose to write one.
You may create it in a spreadsheet or word
processor, or even write one by hand. What’s
most important is that it contains the key pieces
of information that helps a property owner or
architect approve the change.
6 things every change order should include
1. Project and contact information
2. Dates of the change
3. Details of the work
4. Updated schedule
5. Cost of the change
6. Updated contract value
The Change Order Process
Owners don’t like change orders –change orders
often spawn many of the disputes that arise on a
projec. It’s important to handle the process
correctly to aoid disagreements or discrepancies
associated with these changes down the road.
Mishandling and misuse of this process can result
in all kinds of costly disputes, and the
construction team must be vigilant in
administering this process correctly.
The main rule is to never execute the extra work
or change without first receiving a written order
to do so. The best way to ensure that you will be
properly compensated for the extra work is to
have a written change order at hand, signed by
the proper authority.
The Change Order Process
A change order may be instigated by the
architect or by the contractor. Once the
deficiency is discovered, an estimate is
computed to determine what the cost of the
change will be. These estimates may require a
simple computation that can be handled on-
site, or they may need to be sent t the main
office where an estimator can perform the
quantity takeoff and pricing necessary to come
up with the price for the change. The estimate
total, including the overhead and profit, is
presented i a standard change order form that
gets submitted to the architect. This request is
made right along with the request for extra
compensation. The architect will present the
change order to the owner and a decision is
made to authorize the change. The change
order document is rerouted back to the
contractor and then proceed with the work.
Changes in Scope
All construction projects go through changes. Once you’re on the job, the project
scope and site conditions often turn out different than you expected when you
signed the contract.
Sometimes the project owner will ask you to do more work or less work. Other
times, you realize that the site conditions won’t allow you to finish the work for the
price you agreed upon. Anytime a change happens to the scope of work in your
contract, you’ll want to request a change order — and get the property owner’s
signature on it.
Changes in scope are some of the easiest change orders to process because they
normally instigated by the owner.
Change orders aren’t only used when an alteration is required — they can also be
used to offer suggestions. The value engineering process which includes a provision
for change proposals, where contractors are invited to suggest changes that reduce
costs without impacting performance.
Time Extensions
There are occasions when the contactor is compelled to request a time extension to the
contract. Time extensions are processed just like any other change order but are often
more difficult to get approved. There are many reasons why a time extensions might be
appropriate:
• Delays resulting from severe weather
• Delays by caused by slow responses to RFI
• Delays by slow processing of submittals or shop drawings
• Delays by deliquent deliveries
• Delays by labor strikes
• Delays by slow permit processing
• Delays by the architect –poor quality contract documents, work interference
• Delays by the owner –slow decision making, work interference
The time extensions that include additional cost usually quite difficult to negotiate. That
is why, it is very important that the construction manager be alert of circumstance that
may result to extra cost, especially if liquidated damages are at stake.
When Things Go Wrong
As hard as we may try to prevent it, the likelihood is high that there will be disagreements
among parties associated with the construction contract.
As you might imagne, most of the disagreements that arise in construction have to do with
money. When one of those disagreement reaches an impasse and cannot be resolved
though the standard change order process during the construction, the contractor must file
a claim after the job is complete. The rules regarding the submission of a claim are
discussed or included in the general conditions of the contract.
Construction claims typically result from one of the following causes:
• Disagreements regarding the terms of the contract
• Defective or deficient contract documents
• Denied and unresolved change orders
• Denied time extensions resulting from delays beyond contractor’s control
• Differing site conditions that resulted in extra cost to the contractor
The owner or architect must formally respond to the contractor’s claim. If they reject the
claim, the matter becomes a formal contract dispute.
When Things Go Wrong
Dispute Resolution
Some form of dispute resolution must be
implemented; most construction contracts
today call for methods other than
traditional litigation. Here are several methods of construction
dispute resolutions that both parties can
When a dispute arises in construction, it’s agree upon in an ADR clause and use to
not always wise to jump directly to come to an agreement (or at least a
litigation. This approach to construction solution).
dispute resolution can sever the
• Mediation
relationship and cost both parties a lot of
time and money. For that reason, • Minitrial
construction contracts typically contain • Arbitration
Alternative Dispute Resolution (ADR) • Negotiation
clauses. An ADR clause will set out the • Adjuducation
methods that the contracted parties need • Small Claims Court
to use before litigation.
• Litigation
• Expert Determination
It’s All About the Relationship
Although there will always be difference in the interpretation of the
contract documents, adherence to protocol included in the general
conditions and the rules set forth in the preconstruction meeting will at
least explicate the argument for the contractor.
One of the most important management tasks associated with
construction is the management of good relations with the owner, the
architects, the subcontractors, the vendors, and all other vested parties
associated with the project.
To maintain clear and direct lines of communication with everyone on the
team. Communication is the key to any relationship, and construction is no
different. Construction may call for extraordinary measures of
communication, given the level of detail that must be coordinated.
I believe thst architecture, engineering, and construction management
education os beginning to shed more light on the relationship side of our
industry, which should result in a much less adversarial environment.
Applying Technology
There are a lot of details to keep track of when it
comes to construction. It is vital to keep a record of
the various contract and project interactions and
activities that occur each day. It can be
overwhelming task to log, track, route and review
the thousands of documents associated with even
a moderate-size project.
Contract administration software programs were
available, the tracking and monitoring of these
various interactions, obligations, and management
tasks were not always performed as often or as
effectively as they should have been –leaving
companies and software at risk.
Applying Technology
Contract administration (CA) software saves time and
paper by managing the contractadministration phase of
project electronically. All files, comuunications, daily log
entries, RFIs, and submittals can be organized, tracked,
and processed electronically. And because many CA
programs are now web-based, data files, project plans, • Primavera
and process information can be easily shared with all Expedition
appropriate parties associated with the project while still
providing the necessary level of security for any given • PROLOG
project. Furthermore, with the built-in email capabilities, • CMiC
contract administration software can remind the
construction manager and other project participants of • Newforma
actianable dates when revies, renewals, reports, or • ConstructionJob
special filings are requires to keep a project on track to a • e-Builder
successful completion.
• StatsLOG
• Construction
Communication
Applying Technology