In the course of a construction project things often go well and smoothly. We don’t hear much about those instances, though. More often we hear about the projects that go south and result in delays and claims for damages. There seem to be certain issues that we as attorneys and experts see pop up as problematic more often than any others. These issues deserve a closer look at the time the contracts are formed. Clarifying the contract requirements may well save future headaches, legal and expert fees, and damages. Some contracts do a great job of specifying the treatment of these items and provide a legal roadmap for the contractors, owners and their legal teams to follow. Failure to do so, however, leads to confusion, misunderstanding of the terms, inconsistent treatment of requests, and inefficient time spent by contractors trying to figure out the “right” presentation and by owners trying to figure out the “right” responses.

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