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Using Field Orders to Avoid Approval Concerns in Construction Projects

Understand Field Orders and how they can be utilized in your construction project.

Owners and contractors may not recognize the significance of a Field Order (or Change Directive) provision in their construction contracts. For the Owner, a Field Order provision enables the owner to require the contractor to proceed with changes in the work, even though the owner and contractor have not agreed on the cost of the additional work. This allows the owner to avoid project hold-ups that result from uncertainty on the scope of the additional work, or from a disagreement with the contractor on the reasonableness of proposed cost. A well-drafted Field Order provision will provide the method of determining the cost of the work and resolving disputes. For the contractor, the Field Order provision requires the contractor to perform work even though there has not been agreement on the price. A Field Order provision that is poorly worded or that favors the owner can prevent the contractor from getting paid fairly and promptly for the additional work. This topic will help both owners and contractors understand Field Orders and their use in a construction project. It will help them to distinguish between even-handed provisions and those that adversely affect the owner or contractor when reviewing construction contracts, and to negotiate Field Order provisions that better serve their needs.

Runtime: 87 minutes
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Agenda

What Is a Field Order (Construction Change Directive) and How Is It Used?

  • A Field Order Is an Order From the Owner to the Contractor to Perform a Change in the Work Prior to an Agreement on the Cost and/or Additional Time
  • It Allows the Owner to Proceed With the Change Even Though Contractor Has Not Agreed on Price and/or Time

How Field Orders Differ From Change Orders

  • Change Order
    • A Change Order Sets out the Description of the Change in Work (Added or Deducted) and Agreed Upon Cost and Time for Performance
    • It Is Signed by Owner and Contractor

Field Orders

  • An Order by the Owner to the Contractor to Perform Additional Work
  • The Cost of the Work and/or Time for Performance Is Uncertain or Not Agreed Upon
  • When the Additional Cost and/or Time Is Agreed Upon, It Will Be Set out in a Change Order
  • Any Dispute Regarding the Cost or Time Will Be Resolved by the Dispute Resolution Method in the Contract

Field Orders Can Be Used by the Owner to Keep Work Moving Even When Cost Is Unknown or Not Agreed Upon, but:

  • Required Change Must Be Within the Scope of Contract
  • Provisions of the Contract Will Govern Rights and Obligations of Owner and Contractor

Typical Elements of a Field Order Provision in a Construction Contract:

  • Right of Owner to Require Work to Be Performed
  • Obligation of Contractor to Perform Work
  • Method by Which the Cost of Will Be Determined, e.g.
    • Cost Plus Fixed or Percentage Fee
    • Lump Sum
    • Unit Prices
  • How Dispute in Cost or Time Will Be Resolved
  • Requirement for Change Order to Be Signed When Agreement Is Reached

Comparison of Different Contract Provisions and Their Effect on the Contractor

  • AIA Provision - A201 2007 General Conditions
  • Other Provisions

Negotiating Field Order Provisions

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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 30, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
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  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
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  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.4
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 80 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • AK ENG 1.0
     
  • This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.0. *Please check the rules and requirements in your state for compliance.
     
  • AL ENG
     
  • This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • AR ENG
     
  • This Ondemand program is applicable for 1.4 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
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  • This course has been approved for 1.0 PDH by the Florida Board of Professional Engineers in the Areas of Practice.
     
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  • This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.4 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
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  • This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
     
  • ID ENG 1.5
     
  • This Ondemand program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
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  • This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.7
     
  • This Ondemand program is applicable for 1.7 professional development hours through the Indiana State Board for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • KS ENG 1.0
     
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  • This Ondemand program is applicable for 1.4 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, Inc. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.0
     
  • Lorman Business Center, Inc. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.0 professional development hours.
     
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  • This ondemand program is applicable for a maximum of 1.0 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.* *Please check the rules and requirements in your state for compliance.
     
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  • MO ENG 1.5
     
  • This ondemand course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MS ENG
     
  • This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MT ENG 1.0
     
  • This ondemand course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NC ENG 1.5
     
  • Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.5 professional development hours for engineers.
     
  • ND ENG 1.5
     
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  • NM ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
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  • This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.* *Please check the rules and requirements in your state for compliance
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.7
     
  • This program is applicable for 1.7 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.0
     
  • This course is applicable for 1.0 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This Ondemand course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.5
     
  • This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WY ENG 1.7
     
  • This course is applicable for 1.7 professional development hours for Wyoming engineers.* *Please check the rules and requirements in your state for compliance.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Denise V. Cheney, Esq.

Denise V. Cheney, Esq.

Bickerstaff Heath Delgado Acosta LLP

  • Partner with Bickerstaff Heath Delgado Acosta LLP
  • Principal areas of practice are public purchasing, real estate, planning and development and construction law matters, with an emphasis on the representation of cities, counties and other local governments
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • Frequent speaker on purchasing and construction topics, and has written a number of papers on Public Procurement and Construction Law
  • Board Certified in Residential and Commercial Real Estate Law and is a Fellow of the American College of Real Estate Lawyers
  • J.D. degree, with honors, University of Texas; B.A. degree, with highest honors, University of Texas
  • Can be contacted at 512-472-8021 or [email protected]
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Product ID: 404493
Published 2018
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