AN OVERVIEW OF CONSTRUCTION CLAIMS: - Clark Wilson LLP

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p. 18 that should construction claims arise, they will need to show that the plans and specifications were sufficient and did not cause or contribute to the loss. (e) (f) Contractors should ensure that they adequately review plans and specifications for obvious deficiencies and to alert the owner and consultant in respect of any such defects. To avoid design-caused delays in a design-build arrangement, a detailed binding schedule such as the critical path method (CPM) schedule for both design and construction will alert all parties to their responsibilities and to the potential adverse consequences of the failure to perform in a timely manner 30 . VIII. CLAIMS A. FAILURE TO SCHEDULE AND COORDINATE Improper scheduling and coordination of the trades leads to a disorganized construction project prone to disputes, claims and considerable losses for all involved. Proper scheduling and coordination is thus required for a successful and profitable construction project. 1. Scheduling Clauses Scheduling clauses are intended to do the following: (a) (b) (c) (d) Assure the owner that the contractor has a rational schedule and plan for construction; Alert the owner and its agents to dates by which the contractor may expect ownerrequired actions; Provide a standard for measuring the contractor’s progress; and Document the contractor’s actual progress. 2. Coordination Clauses Delay often results as a result of the lack of coordination of various parties, activities and events on a construction project. Properly drafted coordination clauses allow for coordination of these issues and reduce the likelihood of delay resulting from failure to coordinate. Most coordination clauses afford the contractor the right and duty to coordinate, supervise, and direct the work, in addition to the means, methods, techniques, sequences and procedures of construction. 30 Construction Delay Claims, 3rd Ed., Barry B. Bramble and Michael T. Callahan, 2000, Aspen Law & Business, at 3-31. © 2005 Clark Wilson LLP www.cwilson.com Samantha Ip, T. 604.643.3172
p. 19 3. The General Conditions - Scheduling GC 3.5 in the CCDC 2 – 1994 relates to construction schedules. Under this provision, the contractor is required to: (a) provide the owner and the consultant with a construction schedule that indicates (i) (ii) the timing of the major activities of the work, and provides sufficient detail of the critical events and their inter-relationship, (b) prior to the first application for payment 31 . As such, and expectedly so, a contractor is contractually required to plan and schedule the work early on in the project. In addition, the contractor has an ongoing obligation to do the following: (a) (b) (c) Monitor and ensure that the work is proceeding in accordance with the construction schedule 32 ; Update the construction schedule monthly or as otherwise required by the contract 33 ; and Advise the consultant of any revisions required to the construction schedule as a result of any extensions in the contract time due to changes in the work 34 . Contractors should therefore be conscious of their contractual requirement to update the construction schedule should any remedial work be done which results in changes to the work and an adjustment of the contract time 35 . 4. The General Conditions - Coordination In the context of contract documents, GC 1.1.8 references the contractor’s right to divide the work among the subtrades. In other words, the contractor decides the extent of work to be performed by each subtrade. The general conditions under GC 3.8 for “Subcontractors and Suppliers” state that the contractor is to enter into contracts with the subtrades in respect of the work described in the “contract documents”, as it is defined in the general conditions. Note that the owner has a right under GC 3.8.3 to make a reasonable objection to a certain subtrade conducting work on the project. By the same token, contractor cannot be forced to hire a subtrade to which it has a reasonable objection 36 . 31 32 33 34 35 GC 3.5.1.1 of CCDC 2 – 1994 GC 3.5.1.2 of CCDC 2 – 1994 GC 3.5.1.2 of CCDC 2 – 1994 GC 3.5.1.3 of CCDC 2 – 1994 GC 3.13.3 of CCDC 2 – 1994 © 2005 Clark Wilson LLP www.cwilson.com Samantha Ip, T. 604.643.3172
Page 1 and 2: AN OVERVIEW OF CONSTRUCTION CLAIMS:
Page 3 and 4: p. ii VIII. CLAIMS.................
Page 5 and 6: p. 2 • Failure of parties to coop
Page 7 and 8: V. CLAIMS ARISING OUT OF DELAY A. D
Page 9 and 10: p. 3 • Excusable delays may be fu
Page 11 and 12: p. 5 5. What Is Required For A Succ
Page 13 and 14: p. 7 PRODUCTIVITY • Productivity
Page 15 and 16: p. 9 • The presence of subsurface
Page 17 and 18: p. 11 2. Withholding Contract Monie
Page 19 and 20: p. 13 time extension due to the eff
Page 21 and 22: p. 15 elevations, sections, details
Page 23: p. 17 compensable delay for the con
Page 27 and 28: p. 21 Finally, schedules serve as a
Page 29 and 30: p. 23 that the coordination of cons
Page 31 and 32: p. 25 3. The Standard of Care - Rea
Page 33 and 34: p. 27 8. Other General Conditions T
Page 35 and 36: p. 29 (b) (c) What is noticeably ex
Page 37: p. 31 (k) (l) (m) (n) (o) (p) (q) (

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