Resolution of Construction Disputes

micbell2000
Flashcards by micbell2000, updated more than 1 year ago
micbell2000
Created by micbell2000 almost 7 years ago
36
1

Description

Chapter 22

Resource summary

Question Answer
Why should misunderstandings and unforeseen circumstances be expected? Construction documents are lengthy and complex written agreements including numerous detailed drawings and voluminous technical specifications, describing the expected conduct of the owner and the contractor and their relationship during the period of construction and for a time thereafter. Even under the most favorable conditions misunderstandings, errors and unforeseen circumstances are inevitable.
What resolution mechanism is intended by the contract? The General Conditions in which the Architect is the central element.
What happens in the case of an error by the architect? In most cases must be charged to the owner, not the contractor. The architect will have to deal separately with the owner to apportion liability for the error.
In the case of a claim by the owner or builder what are the the 5 preliminary actions? 1: Request additional supporting data from the claimant or a response with supporting data from the other party. 2: Reject the claim in whole or in part. 3. Approve the claim 4. Suggest a compromise 5. Advice the parties that the architect is unable to resolve the claim if the architect lacks sufficient information to evaluate the merits of the claim or if the architect concludes that in the architects sole discretion, it would be inappropriate for the architect to resolve the claim.
What is the surety's role in this? The architect may but not obligated to notify the surety and request the surety's assistance in resolving the problem.
What are three alternative dispute resolution mechanisms? Negotiation Mediation Conciliation
What happens to construction while this is going on? The contractor continues with the construction and the owner is obligated to continue to make payments
Show full summary Hide full summary

Similar

Preventing Time and Delay Disputes in Construction Contracts
micbell2000
Professional Standard of Care
micbell2000
Designing a Program to Budget
micbell2000
The Architect's Relationship with Subcontractors
micbell2000
Owner's and Contractor's Legal Claims Against Architects
micbell2000
Written Communications
micbell2000
Architect's Decisions Based on Design Concept
micbell2000
Closing Out the Job
micbell2000
Role of the Superintendent
micbell2000
Graphic Communication
micbell2000
Termination of the Construction Contract
micbell2000