AVOIDING BUILDING CONSTRUCTION DISPUTES

Holloway Consulting’s experts provide Construction Dispute Services to all parties in the building construction process, including law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the first post in our series which covers some of the questions that should have asked asked and investigated by the owner or contractor in the hundreds of building projects we have worked on in an effort to anticipate and avoid construction change orders and disputes. Many other such questions that will be included in future articles:

PRE-CONTRACT ISSUES

Properties Adjacent to the Building

a. Have all properties adjacent to the site perimeter been examined in detail?
b. Are there seasonal watercourses?
c. Are there heavy traffic patterns?
d. Are there other proximate independent construction activities?

Building Subsurface Data

a. Are boring depths consistent?
b. Are boring locations erratic or unusual?
c. Are boring locations relevant to construction?
d. Are borings provided outside the area?
e. Are boring gaps left within the building area?
f. What time of year were the borings taken?
g. Does the water table vary seasonally?

Building Code Compliance

a. Had any violations of the building codes been identified by any building official when the building permit was applied for?
b. Do any portions of the design appear out of the ordinary?
* Headroom?
* Entrances/exits?
* Handicap provisions?
* Fire separations?
* Lighting?
* Ventilation?

Building Easements/Rights of Way

a. Are there designated easements? If yes, will they adversely affect your construction operations?
b. Do local traffic patterns restrict site access?
c. Are there parking areas, traffic patterns, business, etc., at the contract limit line that will restrict operations in any way?
d. If the answer to 4.c is yes, have you investigated all conditions?
e. If a restriction to your operation is evident, has your estimate accommodated it in some way?
f. If the answer to 4.e is no, should a reasonable prebid site investigation have disclosed the condition?

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The Holloway Consulting Group, LLC
Construction Advisers, Managers and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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