Introduction
Changed conditions claims are claims resulting from conditions or circumstances at the site that are materially different from those that were documented or present at the time of bid. Steve Holloway is working as an expert in the analysis of changed conditions claims, which in the broadest sense represent our firm’s largest practice area. These claims apply to anything beyond the contractor’s control at any time during the project’s life cycle and can range from the obvious to the obscure.
Examples
Examples of the kinds of changed conditions that a contractor has encountered that resulted in change orders include:
- Another contractor constructed a structure that interfered with the work.
- Utility lines were relocated, or the conditions of their use have been altered.
- Someone failed to complete work or arrangements that were stipulated, before the work was to start (demolition, traffic rerouting, etc.).
- The site contained undisclosed subsurface conditions.
Contractors should endeavor to discover these kinds of changes prior to starting the work, to minimize real or potential interferences. The best time to implement the discovery procedure is immediately prior to, or shortly after, mobilization — the worst time is when dozens of other critical activities are all competing for a limited amount of available management attention.
The contractor should familiarize him/herself at the earliest opportunity with the portions of the estimate that interface with the existing site conditions, paying particular attention to:
a. Sitework considerations
b. Interfaces with existing structures.
c. Noted conditions of existing constructions, makeup, and conditions of existing utilities.
d. Traffic patterns and site access.
e. Anticipated storage and staging areas.
f. Parking and security arrangements.
Contractors should evaluate the site during mobilization as if they are pricing the job all over again. Differences at this point should be apparent to the contractor who should catalog all apparent changes and make immediate arrangements to determine:
a. The cost of each change and,
b. The impact on work sequences and durations.
The practicalities involved with the heightened activity surrounding the job start may handicap the contractor’s ability to complete accurate job impact estimates at this time. This can be because a detailed construction schedule may not be complete. Even so, project management likely would have thought out start-up sequences at some early point. It becomes critical then that detailed activity sequences are documented as accurately and completely as possible. Meaningful and convincing calculations of additional time and cost requirements can be accomplished on that basis.