What is a Construction Change Directive (CCD)?

The construction industry, just as any other industry has its own terminology or lingo. There are many examples such as "punch-list," "lien" and "substantial completion" to name a few. No words are more dreaded than change order. Construction change orders are some of the most litigated and disputed documents in all of construction law.

Litigation Topics for Prime / Subcontractor Contracts

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. The information is very helpful to contractors and can […]

Can Contract Time Can Increased By Oral Agreement?

Construction contracts very frequently contain provisions that require all changes orders to be approved in writing. In Louisiana, however, oral modifications to written contracts are allowed despite such provisions. Rhodes Steel Buildings, Inc. v. Walker Const. Co., 813 So.2d 1171. At the trial level in Lantech Construction Co. v. Speed, the court's ruling reflected this […]

Contractors Beware – Louisiana Appeal Court Says Compliance with Building Codes is Not a Cause for Change Orders

This fall, the Louisiana 1st Circuit decided Bonvillain Builders LLC v. Gentile, finding that a property owner was not required to pay nearly $50,000 in requested change orders because the extra work was required under the original contract. In Gentile, the construction contract required the contractor to meet all prevailing building codes. A situation arose […]

Budgets, Changes Orders and A Green Building Project

If you were to survey green building critics, it's safe to guess most will argue that the cost to build green do not outweigh the benefits. Indeed, many have suggested that the cost of building green (especially gaining LEED certification) is significantly higher than building to ordinary standards.   Others argue that LEED certification can be […]

7 Habits of Contractors Who Lose Money…and How to Break Them

The Construction Commando’s “Contractor’s Secret Weapon” published an article with this title that described seven instances when contractors lose money on a project.  While the article was drafted to an audience of California contractors, the habits apply nationwide. It will be to any contractors’ benefit to review this article online, access which habits apply to […]

Bidding Errors and Change Orders – Avoiding a Nightmare: Part Two

Bidding Errors and Change Orders - Avoiding a Nightmare: Part Two Every construction project will undergo change during its evolution from conception to completion. Without respect for this inevitability, disputes understandably arise between owners, architects, and contractors. Fights over who is responsible for project changes, as well as who bears the burden of any increased […]

Bidding Errors and Change Orders – Avoiding a Nightmare: Part One

The goal in the design of any structure must be excellence, not perfection. Inevitably, there will be issues that reveal themselves during construction which are impossible to predict in the conception phase of any new project. Among the most common design alterations involve site conditions that differ from design expectations; an owner's desire to alter […]