Understand how to best implement and administer changes and claims to preserve rights and mitigate exposure.
This statewide California topic is intended to provide you with unbiased information regarding change orders. The topic will briefly introduce you to change order basics: what is a change order, what types of changes are most often seen in the construction context, when is a change order properly sought, typical change order disputes and how to price change orders. The content's focus will then shift to an examination of ways to mitigate risk through appropriate contract drafting and review. We will discuss the Spearin Doctrine and the realities of unforeseen and differing site conditions. The topic will then explain and highlight the important distinctions between private and public works. The content will also examine how to best implement and administrate changes and claims to preserve rights and mitigate exposure. The topic will conclude with an examination of the potential risks and pitfalls involved in change order disputes and the means and methods for resolving commercial disputes.
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Why Lorman?
Over 34 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.
Agenda
Types of Changes - Actual, Constructive and Cardinal/Material
The Six P's of Change Orders - Prospecting, Preparing, Pricing, Presenting, Performing and Payment
- Typical Change Order Disputes
- How to Price Change Orders
Risk Mitigation Through Contract Drafting and Review
- Clear, Complete and Appropriate Contract Documents
- Both Parties Stand to Gain by Careful Drafting and Reviewing and Contract Administration
- Structured Change Order Initiation/Request/Proposal Process
- Contract Will Generally Include Notice Provision and Time Bars on Change Order Claims
The Spearin Doctrine
- Unforeseen and Differing Site Conditions
- Public Design Bid/Build Owner Bears Greater Risk Than Private Work of Improvement
- Differing Site Conditions
Implementation and Administration of Changes and Claims to Preserve Rights and Mitigate Exposure
Potential Risks, Pitfalls and Resolving Commercial Disputes
- Common Pitfalls and Disputes
- Dispute Resolution
- Even Without Change Order Being Issued, Claims May Be Brought for Work Outside the Contract
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Why Lorman?
Over 34 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.
Credits
OnDemand Course
This course was last revised on February 7, 2018.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 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
Dustin Lozano
Hunt Ortmann Palffy Nieves Darling & Mah, Inc.
- Attorney in the law firm of Hunt Ortmann Palffy Nieves Darling & Mah, Inc.
- Practices complex construction and business litigation
- Focuses his practice on successfully resolving disputes in a cost-effective manner through pre-litigation negotiation, mediation, arbitration and trial
- Handles a variety of construction litigation issues including: false claims disputes, differing site and changed conditions claims, extra work claims, delay and disruption claims, unfair business practices claims and breach of contract claims
- Represents clients through all stages of litigation, including pre-litigation settlement
- Worked as a project manager for a subcontractor on projects in excess of $100 million
- J.D. degree, Trinity Law School; B.S.B.A. degree, Point Loma Nazarene University
- Can be contacted at 626-440-5200 or [email protected]
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Why Lorman?
Over 34 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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