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2. Other Owner Performance Issues

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Certain standard construction contracts allow the owner to render a decision on performance issues before it moves to dispute resolution. The underlined text below represents specific pre-claim requirements.

 AIA A201 – Section 8.3.1: If the contractor is delayed by actions of the 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 – Section 3.6: The contractor shall examine all items furnished by the owner and shall report any defects in materials or equipment at once to the owner.

 EJCDC C-700 – Section 8.01.E: If the contractor's work depends on the work performed by the owner or others, the contractor shall inspect this work and promptly report to the engineer in writing any delays, defects, or deficiencies in such other work.

Fundamentals of Construction Claims

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