Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 48

Most standard construction contracts require an owner decision on administrative issues before an issue should be moved to the claims process. The underlined text below represents the specific pre-claim requirements.

 AIA A201 – Section 8.3.1: If the contractor is delayed by actions of owner/architect/separate contractor, etc., then the contract time shall be extended as determined by the architect. Section 8.3.3 notes that Section 8.3 does not preclude the contractor's recovery of delay damages from the owner under other provisions of the contract, such as Article 15. Thus, the contractor should give the architect the ability to render a decision before a claim is initiated.

 ConsensusDocs 200: For all other administrative issues, this document refers to Section 8.4, which details formal claim notice requirements. Accordingly, no other pre-claim notice requirements are prescribed.

 EJCDC C-700 – Section 11.09.B: The contractor shall submit change proposals to the engineer within 30 days after the start of the event giving rise thereto. Note that the change proposal shall comply with Section 4.05.D–E. The engineer is to render an initial decision on the change proposal within 30 days of proper submission. If the contractor does not agree with the engineer's initial decision, it can move to the dispute resolution procedures in Article 12.