Claims mitigation and avoidance Kristen Braden, P.E., Esq. Construction Project Manager H.R. Gray Hilliard, Ohio
hile construction projects rarely progress in an ideal fashion, those in the construction industry can easily define a perfect project. However, projects aren’t always ideal. Weather conditions, changes in plans and specifications, and unforeseen site conditions are just a few of the challenges that can throw a project off course—and lead to claims.
What is a claim? A claim is a request for additional
compensation of either cost or time due to a change under the terms of the contract. The party asserting a claim must show entitlement and damages. For entitlement, the party must show it is entitled to the additional time or money under the terms of the contract documents. To prove damages, the party must show the amount in dollars or days that it was injured as a result of the underlying claim. Fortunately, claims do not always result in a lawsuit.
Claims can arise from a variety of situations. If site conditions are different from those represented in the contract documents, or what could have been reasonably expected from the information available, this change may affect a project’s schedule. What’s more, any additions, deletions or revisions to the work that are still within the original scope of the contract also may cause a time impact. Time impacts may be represented by delays, disruptions, acceleration, lost productivity, or a stoppage or suspension of work.
Planning on Building High Performing Roads Using Scrap Tire Rubber? While Asphalt Rubber is a well-established technology, there can be challenges with implementing it when compared to conventional asphalt. This is particularly of concern for overlays late in the construction season. APWA has invited the RPA and its team of experts to present a workshop training session to help ensure implementation of your Asphalt Rubber program is successful. Come and learn more at Workshop Wednesday about Asphalt-Rubber during the “Asphalt Rubber: Building High Performing Roads Using Scrap Tire Rubber”, on Wed., Aug. 29th from 8:30am to 10:45am Room 205AB, during the 2012 APWA International Public Works Congress & Expo. The RPA wants to provide you with all the tools you need to make your program a success. For additional information, please contact Mark Belshe, Rubber Pavements Association, at MBelshe@rpamail.org or (480) 517-9944. Visit our website www.rubberpavements.org.
108 APWA Reporter
August 2012
