J. NORMAN STARK, ATTORNEY-AT-LAW

JURIS DOCTOR, B. ARCHITECTURE, B.F.A

CONSTRUCTION CLAIMS-CLASSIFICATION

CONSTRUCTIVE CHANGES
Construction Documents; Subsurface Different From Expected Drawings & Specifications
Error(s)
Omission(s)
Ambiguities
Misinterpretation
Misrepresentation(s)

Interpretation
Error
Higher/Lower Stds.
Improper Rejection

Project Management
Changed Access
Changed Sequence
Changed Method
Changed Manpower
Changed Trades, Quality

Non-Disclosure / Concealment

Impracticability / Illegality

Impossibility / Force Majeuer

CHANGED CONDITIONS
Subsurface Different From Expected
Rock
Boulders
Shale
Water
Hazardous Waste
Permafrost
Contamination

Subsurface Materials Different From Expected
Harder
Softer
Wetter
Unstable
Contaminated

SCHEDULE CHANGES
By Owner
Failure to Timely Obtain Financing
Suspends Work
Terminates Work
Revised Schedule
Lack of Timely Approval
Lack of Timely Selection
Lack of Timely Payment

By Contractor(s)
Poor Productivity
Revised Schedule
Subcontractor Failure
Supplier Failure
Suspends Work
Terminates Work
Labor/Material / Supply Shortages

By Subcontractor(s)
(Some and/or all of above.)

By Supplier(s)
(Some and/or all of above.)

DELAYS
By Owner
Late Financing/ Mortgage Funds, Approval
Late Key Tenant Approval
Late Governmental Approvals
Late Shop Drawing Approvals
Utilities Not Available
Directed Manpower Reduction
Directed Slowdown
Union Disputes / Lockouts
Concealed, Latent Conditions

By Contractor
Late Governmental Approvals
Late Shop Drawing Approvals
Utilities Not Avail.
Removal / Rework
Lack of Productivity Improper or Poor Sequencing
Improper Project Management
Late Purchases & Procurement
Late Deliveries
Lack of Manpower By Subcontractors and/or Suppliers (Same As Above)

ACCELERATION
By Owner and/or

By General Contractor and/or

By Lessee and/or

By Lender, Others
Required
Directed
Owner-Enforced Completion
Date Enforced, Despite Excusable Delays
Unreasonable
Punitive
Business Duress
Coercive
Discriminatory

MISCELLANEOUS
Material Breach(es)
Scope Changes
Time Changes
Price / Paymnt Changes
Changes in Timely Paymnt / Paymnt of Changes
Refusal to Accept/Approve Completed Work
Premature Occupancy / Tenancy
Cardinal Change(s)
Wrongful Termination / Discharge
Labor Disputes / Jurisdictional Problems
Business Dissolution, Bankruptcy

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