Good Documentation. Practices and. Maintaining Good. Customer Relations.
November 14, 2007. Presented by. John P. Ahlers. 206-515-2226 ...
Good Documentation Practices and Maintaining Good Customer Relations November 14, 2007
Presented by John P. Ahlers 206-515-2226
Customer Relations Maintain
the Business relationship with the Customer and keep your customer informed of extra costs and time in a timely and businesslike manner. Customer’s respect forthright honest information even if the news is bad. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Balance is Key Do
not be obnoxious. Be up front; do not “hide” bad news. Completely inform the Owner of costs and options. Do not be a trusting sap! J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Lawsuits, sadly, are not decided on truth but instead are decided on the proof adduced at trial.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
General Rule: In a construction dispute the party with the better documentation prevails.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Consequence of Poor Daily Job Reports Appellant produced no contemporaneous documentation that substantiates the extent of the cumulative impact claimed . . . [Bechtel] project personnel did not keep notes or maintain any documentation of disruptive impact caused by the RFIs. [Citation omitted.] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
There was no contract requirement, and [Bechtel] did not have a company policy or requirement that project personnel maintain logs or diaries . . . [Bechtel] asserted that it was impossible to observe loss of productivity, but such assertion does not excuse or satisfactorily explain the options of contemporaneous recording of the exhaustive disruption claimed in this appeal. Bechtel National, Inc., 90 BCA 22,549. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Contractor Fails to Keep Records, Loses Claim From the record before the board, [contractor] has failed to meets its burden of establishing a Type I differing site condition in those areas of the site not recognized by [the owner] . . .
[Contractor] provided no documentation, photographs, videos or quality control reports, of debris or rubble considered to be a DSC between stations 130+00 and the upper end of the project. Circle, Inc., 95 BCA p. 27, 568. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Ground Rules
If in doubt about the importance of an item, write down the details, including the date and time. If something needs to be recorded, write it down immediately. Avoid the temptation to write it down later. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Ground Rules
J. Ahlers
At the end of each day, review everything you have written down. Refine or expand your notes as necessary. Make copies as necessary and see that all copies are securely stored.
Ahlers & Cressman, PLLC
206-515-2226
Good Documentation Practices Accurate Objective Complete Uniform Credible Timely J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
What to Document? If
in doubt, write it down. The item or occurrence that appears to be the least significant item or occurrence in the situation will likely become the most important item to document. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
What to Document? The
item or occurrence you fail to document will become the item that you, your supervisor or your company's attorney will wish most that you had documented. Murphy’s Law J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
How to Document? Pencil
and Paper Computers (Authentication) Photographs (Digital Photographs Storage Authentication, Dated) Video Camera Recorder Audiotape Recorders J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Conducting and Documenting Meetings Have
regular meetings at regular times. Don't put them off for anything except an emergency. Special meetings should be called by note or memo. Verbal notice is not effective unless the meeting will occur within the next half hour. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Conducting and Documenting Meetings (cont.)
Start
on time, and when you are finished, break up the meeting. Prepare a written agenda in advance and stick to it. Use photocopies and/or a blackboard (whiteboard) list to keep everyone on the agenda topics. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Conducting and Documenting Meetings (cont.) Make
sure someone is keeping notes of the meeting. Meeting notes must contain or show the date, time and place of the meeting on each page of notes. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Effective Meeting Notes
Notes must include the name, title and company affiliation of everyone who attended the meeting, as well as the same information about key persons referenced in the meeting but not in attendance.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Effective Meeting Notes (cont.)
Notes must cover all matters discussed at the meeting that relate to the project (six basic principles "AOCUCT"). Meeting notes should be concise. They do not need to cover all the discussion, but they must clearly state the resolution of each important point and the key reasons that supported the decision. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Effective Meeting Notes (cont.) Any
agreement reached should be specifically noted. If agreement is not reached, the position of each party should be noted. If conclusions or agreements are not reached, the notes should show what each person will do about the unresolved issue and when they will do it. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Effective Meeting Notes (cont.)
J. Ahlers
Ideally, all representatives attending the meeting should read the notes and initial them at the conclusion of the meeting. However, if any representative refuses to initial the notes, let it pass.
Ahlers & Cressman, PLLC
206-515-2226
Effective Meeting Notes (cont.) Each ER T S MA LE I F J OB
J. Ahlers
meeting attendee should receive a copy of the notes, and a copy should also be included in a master job file.
Ahlers & Cressman, PLLC
206-515-2226
Job Diaries
The single most important documentation on a job is the field supervisor's daily report or job diary. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Job Diaries (cont.) A
job diary is a daily report which is prepared in a consistent format. Its purpose is to create a written record of what went on in the field that day: crew assignments quantities of work put in place
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Job Diaries (cont.) verbal and written orders from owner's representatives visitors to the jobsite unusual conditions, circumstances and events.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Job Diaries (cont.) subcontractor personnel on the job quality of work put in place by subcontractors materials and equipment delivered by suppliers
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Job Diaries (cont.) delays encountered extra work agreements made with owners, subcontractors and suppliers
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary
Summary of weather conditions at the beginning of the work day and any significant changes that take place during the day or before the next work day begins. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.)
Conversations in person or by phone with the owner, engineer, subcontractors, suppliers, inspectors or OSHA inspectors. Summarize the conversation and include pertinent details, including the name, title and phone number of each person you talked with. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.) Verbal orders, requests for additional work or changes in the work received from the engineer or owner. Shop drawings or submittals received or sent, with notation of action taken. Distribution of crews noting what they are working on.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.) Subcontractors on the job and note of progress made. Job progress information, such as yards of concrete placed, production schedules met or milestones met.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.) Workers present, workers absent and reasons for absence, if known. Discipline or warnings issued to workers Hiring and firing actions.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.) Conversations with stewards, union halls, dispatchers or other union personnel. Accidents, including circumstances, actions taken, as well as names, addresses and phone numbers of all witnesses.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Examples of Items to Include in Job Diary (cont.) Tool or equipment malfunctions or difficulties. Deliveries of materials, supplies or equipment. Phone log, correspondence log. Any special problems or unusual events.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Example of Items Not to Include in Job Diary?
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton Contract for street widening. Contract stated relocation of utilities would be by utility companies. Scoccolo required to coordinate relocation with utility companies.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
Contract provided: No additional compensation will be made to [Scoccolo] for reason of delay caused by actions of any utility company and [Scoccolo] shall consider such costs to be incidental to the other items of the contract. (“teflon” clause) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton Puget
Power did not timely complete relocation of the overhead power lines with underground lines. Scoccolo was delayed and damaged. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
DELAY
Washington’s Statutory Prohibition of “No Damage For Delay” Clauses RCW 4.24.360 (enacted 1979) Any clause in a construction contract . . . Which purports to waiver, release, or extinguish the rights of a contractor, subcontractor, or supplier to damages or an equitable adjustment arising out of unreasonable delay in performance which delay is caused by the acts or omissions of the contractee or persons acting for the contractee is against public policy and is void and unenforceable. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
Renton's Motion for Summary Judgment based upon the exculpatory contract provision was granted by trial court. Court of Appeals initially reversed but does not directly address the question of whether RCW 4.24.360 invalidated the no damage for delay clause of the contract. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
J. Ahlers
On remand, a jury awarded Scoccolo damages ($1 million). Renton appealed for a second time.
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
The Court of Appeals reversed, thereby invalidating a substantial portion of Scoccolo’s jury verdict. The Court held that the utilities were not a “person acting for the contractee” and therefore the statute did not apply. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
Utilities were not a “person acting for the contractee” despite the fact that the City had written franchise agreements with the utilities which gave it the power to compel the relocation.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
Scoccolo had no contractual power to compel the utilities to act. Scoccolo was not in contractual privity with the utilities, therefore Scoccolo cannot pursue the utilities for its delay damages.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton
Court of Appeals 2005 decision is first reported case to interpret RCW 4.24.360. Decision’s narrow interpretation of phrase “person acting for the contractee” likely to result in more owners attempting to reinsert no damage for delay clauses back into their contracts. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Scoccolo Construction v. Renton Supreme Court Victory
Unanimous verdict in favor of Scoccolo, the utilities were “acting for” the City. RCW 4.24.360 (No Damages for Delay Statute) trumped the "teflon” clause (no compensation for utility company delay). Scoccolo’s $1 million is restored. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Sample School District Notice and Claim Procedures 1. Written notice to Owner and Architect within 14 days of the event giving rise to claim for additional compensation or time including a clear description of the event leading to the claim. [Event Notice]
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Sample School District Notice and Claim Procedures 2. Within 14 days of the first written notice, Contractor shall submit a written claim which includes: • •
•
Clear description of the claim; Proposed change in Contract sum or time; and Data supporting the claim. [Claim Notice] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Sample School District Notice and Claim Procedures 3. Within 14 days of receipt of the written claim, Contractor may require that a principal of the Architect and representative of the Owner meet and confer in an attempt to resolve the claim within the next 21 days. [Claim Procedure] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Sample School District Notice and Claim Procedures
4. If the claim is not resolved, the Contractor is required to mediate the dispute, prior to commencing litigation. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Sample School District Notice and Claim Procedures
5. Litigation must be served and filed within the earlier of: a)
b)
120 days after Substantial Completion designated in writing by the Owner, or 60 days after Final Acceptance
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Subcontract Notice Provision NOTICE OF CLAIMS, INCLUDING EXTRA WORK, CHANGES, DELAYS: Subcontractor shall provide written notice to Contractor within five (5) working days, or if the Main Contract provides for a shorter period, within sufficient time to allow Contractor to give notice to Owner, after the occurrence of any instances of interruption, J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Subcontract Notice Provision (cont.) extra work, additional work, delay hindrance and/or efficiency loss of any nature whatsoever in Subcontractor's Work, believed by Subcontractor to be caused by the acts or omissions of Contractor, other subcontractors, Owner, the Architect/Engineer or the employees or agents of any of them. [Event Notice] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Subcontract Notice Provision (cont.) In the event Subcontractor believes it is entitled to receive compensation due to damages from such an occurrence(s) and/or is entitled to an extension of time, Subcontractor's Statement of Claim (setting forth in detail the entitlement and quantum basis for Subcontractor's claim with supporting data and/or the entitlement basis to J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Subcontract Notice Provision (cont.)
support an extension of time) shall be delivered within fourteen (14) working days after Contractor's receipt of Subcontractor's written notice of claim, or if the Main Contract provides for a shorter time, within sufficient time to allow Contractor to forward Subcontractor's claim to Owner. [Claim Notice] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Contract Notice Provision Failure by Subcontractor to provide timely (as provided in the paragraph) written notice and/or failure by Subcontractor to provide its timely Statement of Claim for an increase in the Subcontract amount and/or time extension, shall result in an absolute waiver of Subcontractor's claim. [Implied Waiver] J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Contract Notice Provision (cont.) Contractor does not waive the requirement for timely written notice and/or timely written submission of the Statement of Claim, unless contract's waiver is unequivocal, explicit and in writing.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Notice of Claims 3 hurdles to cross:
Timely written notice of the event giving rise to the claim Written documentation of the entitlement and cost backup to support the claim Follow the contract claim resolution procedures J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Reason for Written Notice Requirement
Allow owner to explore cost reduction options Keep Owner informed as to costs (allow Owner to track costs) Protect Owner from paying for work it does not want Ensure work was ordered Evidence that work is extra J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Absher Constr. Co. v. Kent School District Kent School District Absher Construction Company Chapman Mechanical Emerald Aire J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Absher Constr. Co. v. Kent School District
Two (2) days before final acceptance Emerald Aire claim based on defective plans and specifications Emerald Aire submitted RFIs - met with designers Notice must be in writing, concerns are not claims for costs J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Absher Constr. Co. v. Kent School District
Strict interpretation of contract notice requirement Prejudice not required to enforce a contract notice requirement Trend towards stricter interpretation of notice requirement
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Absher Constr. Co. v. Kent School District “Absher contends the notice provisions were waived because the District suffered no prejudice. However, Washington does not require an element of prejudice to enforce contractual notice provisions.” J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane Spokane County Owner Mike M. Johnson Contractor Sewer Project WSDOT Specifications
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
April 1998 Award County notified contractor at the preconstruction conference of road widening which caused a revision of the storm sewer
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
June 4, 1998 Change Order 3 revised the design of the road and sewer ($69,000) – changes clause Mike M. Johnson made no objection or protest Mike M. Johnson encounters telephone cables (Verizon) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
Specification § 1-04.5
Written notice of protest within 15 calendar days (5 requirements) No protest – deemed acceptance
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
Specification § 1-09.11
Failure to follow protest procedure as a waiver If protest fails to achieve resolution, must submit claim (10 requirements) Failure to follow claim procedure as a waiver
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
June 26, 1998 MMJ letter: Lists seven "concerns," one of which is the phone line "causing additional costs and delays" July 16, 1998 County letter: Invites a claim July 24, 1998 MMJ letter: Doing an analysis
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
August 3, 1998 County letter: No claim – utility locate statute August 7, 1998 County letter: MMJ letter "too general and nonspecific regarding relief"
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Mike M. Johnson, Inc. v. The County of Spokane
August 14, 1998 MMJ letter: Expect compensation while waiting for Verizon relocation August 25, 1998 MMJ's lawyers letter: $98,000/50 days. No supporting explanations, no reference to contract January 27, 1998 County letter: Will negotiate, but no waiver J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Court's Decision
Contractor did not comply with the protest procedure. § 1-04.5. Contractor did not follow claim procedure. § 1-09.11. "Contractual condition precedent to Contractor's right to seek judicial relief." Comments or concerns that do not include the amount of the claim or length of the delay are not a claim under the contract. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
MMJ Dilemma An owner can demand additional work outside the scope of the original contract, observe the contractor perform that work, discuss the work with the contractor, and yet deny fair compensation for services rendered if the contractor fails to submit a written request for additional time for the demanded work or fails to produce an itemized invoice in a precise technical format. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
MMJ Dilemma (cont.) The owner can direct work be done and the owner is not prejudiced by the contractor's failure to abide by the technical requirements of submitting a claim for payment but the contractor nevertheless forfeits its claim.
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
The MMJ Dissent “It is unjust to declare as a matter of law that the contractor is not entitled to fair compensation merely because the contractor did not also conform to additional highly technical claims procedures. It is not merely unjust, it is out of step with Washington law.” Justice Chambers J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
WSDOT Documentation Requirements “Throughout any protested work, the Contractor shall keep complete records of extra costs and time incurred.” WSDOT §1.04.5 (2006)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
WSDOT Documentation Requirements “Failure of Contractor, subcontractor or lower tier subcontractors to maintain and retain sufficient records . . . Shall constitute a waiver of a claim and shall bar any recovery thereunder.” WSDOT §1.09.12(2) (2006) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
APWA Drastic Consequence of Failure to Meet Documentation Requirements It is expressly agreed between Contractor and Owner that the Daily Diary maintained by Contractor shall be the “Contractor’s Book of Original Entry” for the documentation of any potential claims for disputes that might arise during the Contract. Failure of Contractor to maintain this Diary in the manner described above will constitute a waiver of any such claims or disputes by Contractor. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Antidote to MMJ
Counter the notice provisions with the implied obligation to cooperate the duty not to hinder or delay J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Implied Duty “In every contract there is an implied term that the Owner or person for whom the work is done [general contractor] will not hinder or delay the contractor [subcontractor], and for such delays, the contractor may recover additional compensation.” Jones Assoc. v. Eastside Properties, 41 Wn. App. 462, 471 (1985) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Implied Duty The implied duty consists of two parts: (1) A duty not to hinder or delay; and (2) An affirmative obligation to cooperate with each other. [T]he person for whom the work is contracted to be done [owner or general contractor] . . . Will in all ways facilitate the performance of the work. Lonvic v. Dunator, 18, Wn. App. 274, 284 (1977) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Implied Obligation to Facilitate the Work The owner [general contractor] has an . . “implied obligation to keep the work of construction in such a state of forwardness as will enable the contractor to complete his contract within the specified time.” Erickson v. Edmonds Sch. Dist., 13 Wn.2d 398, 409 (1942) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Recommendation
Before bid
Private projects – prudent owners may opt to simplify the notice and claim procedures to receive a lower bid price Public projects – given enough input from bidders, public owners may be persuaded to make the notice and claim procedures more “contractor-friendly” on future projects J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Recommendation
During performance
Carefully review the contract notice provisions and note the time for giving notice Chart the claims and protest procedures at the outset of the project
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Recommendation (cont.)
“Heads up letter” – give the owner advance notice of the process
J. Ahlers
“Unless it is in writing, it did not happen!” – advise that oral directives or handshakes will not work “Do you really want this hassle?” – provide the owner with an RFI showing the owner the complexity of the process
Ahlers & Cressman, PLLC
206-515-2226
Recommendation (cont.) Supplement the claim and time extension requests as the project proceeds Use forms Overcome the notion that giving notice will spoil your working relationship with the owner
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Suggested Reservation of Rights Language The compensation and time adjustment in this change order does not include any amounts for changes in the sequence of the work, delays, disruptions, rescheduling, extended overhead, acceleration, lost productivity, and/or impact costs, and the right is expressly reserved to make a claim for any and all of these and related items of cost prior to any final settlement of this contract. J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
NOTICE LETTER
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Standard Specifications (2004) (WSDOT and Municipal Projects)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Standard Specifications (2004) (WSDOT and Municipal Projects) Differing Site Conditions (Cont.)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Standard Specifications 2004 (WSDOT and Municipal Projects Differing Site Conditions (Cont.)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997) Construction Change Directive (Cont.)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997) Concealed or Unknown Conditions Claim Event (Cont.)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
AIA A201 General Conditions (1997) Claim Event (Not Concealed or Unknown Condition) (Cont.)
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Successful Negotiations Appearance Matters • Personal Appearance
Image is Important • Company Image (hear, vehicles, site, office)
Conveying Confidence J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Avoiding Lawsuits Empower
all project personnel to identify disputes earlier Require disputes be communicated to decision makers Overcome the notion that Notice will spoil your working relationship with the General Contractor or Owner J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Avoiding Lawsuits (cont.)
Establish a process for meeting the contract notification requirements (you can always withdraw a premature or incorrect notice; you cannot resurrect a missed notice deadline) Establish a strategy to resolve disputes early on the job; if the Owner’s on-site personnel are unresponsive, go to the next level Maintain superior project records J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Avoiding Lawsuits (cont.)
Overcome the notion that Notice will spoil your working relationship with the General Contractor or Owner Establish a process for meeting the contract notification requirements (you can always withdraw a premature or incorrect notice; you cannot resurrect a missed notice deadline) J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
Avoiding Lawsuits (cont.) a strategy to resolve disputes early on the job; if the Owner’s on-site personnel are unresponsive, go to the next level Maintain superior project records Establish
J. Ahlers
Ahlers & Cressman, PLLC
206-515-2226
