Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 40

The first step in perfecting an affirmative claim is to review the dispute resolution requirements of the subject contract. While standard contract forms are editable, the procedures for dispute resolution are generally the same from contract to contract. To the contrary, the dispute resolution procedures for proprietary contract forms vary. Moreover, dispute resolution terms vary based on the type of contract form. To wit, owner–contractor forms terms vary from contractor–subcontractor form terms, and these forms vary from owner–designer contract forms and purchaser–vendor forms. Thus, it is critical for claimants to understand the steps that are necessary to notice claims, get a project-level decision, run through non-binding dispute resolution requirements, and then trigger a binding dispute resolution process. As time goes on, the cost to administer claims goes up, so presenting proper and clearly supported claims early in the process generally saves both parties time and money.