Situation 3: Stick to the plan
After contract award, the owner changes the specification for lighting. You submit revised shop drawings and a proposed price increase. A few months pass, and the owner finally inquires about the lighting fixtures. The manufacturer informs you that there is an 18-week lead time, as the materials are coming from Europe.
A. You are liable for the delay because your proposed change order did not ask for time.
B. You are entitled to delay costs because all problems were caused by the owner’s change.
C. You are liable for the delay because you failed to ask the supplier for a delivery date.
D. You are entitled to delay costs, as the delays were unforeseen and beyond your ability to control.
Replies
D
And the AWA or Change to Contract should be valid for five business days only. Meaning the contractee better get off his duff and make a decision NOW!
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B
When do we find out how screwed up the legal system really is?
Remodeling Contractor just on the other side of the Glass City
A. I always (OK, most of the time) ask for price and lead time for any special items. Time is money. Your bad for not inquiring.
I assume a change will cause a delay and that the delay cost is to be assumed by the initiator of the change
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What delay? There ain't even a CO in effect.
SamT
when is the owner going to agree to the change order?
So far, he has requested and you have proposed costs, but no agreement so no change in effect yet, meaning all is open to negotiation.
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Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
E. No confirmation/sign off from client means no change from original specs.
Edit: This hits my current favorite gripe about trying to do business in the 21st freakin' century. Here we are with the best communication technology imaginable and so many people are non-responsive. What is it, is ADD an epidemic now?
Edited 8/2/2007 11:19 am ET by Hudson Valley Carpenter
Hey!
Where's the answers to all these questions?!?!?
SamT
Yesterday I finally got my copy of the August issue of Electrical Contractor. I vigorously skimmed it and, alas, there was no article by Mr. Ittig, Esq. So I assume he is so busy that he only has time to write once evry other month.
So far the results are:A. 1B. 2 (I gave Piffen's response here.)C. 0D. 1E or X [No change order] 2
All of these scenarios seem to be based on actual cases so they probably apply contract law. I think the general idea is for contractors wary of these subtle omissions which can cause trouble later on.
~Peter
X. You ask for proof of where written authorization to proceed with changes was sent to you. If you missed it; you eat humble pie. If no written confirmation was sent, you smile, and don't worry.
I think you're OK on this, but only because you never got a signed agreement authorizing the changes.
I would be a little concerned about the "few months" that passed. Did either of you mention the change order during that time? Personally, I wouldn't be leaving a change order hanging in the wind for that long. The HO owed you a decision, but you had the obligation to ask about it.