Skip to main content

United States

Reading

What applies here

Filter
ArticleSectionPlaceReviewed
Extension of timeMoving the completion date. The four elements a time claim must establish, the five defences that beat sound ones, and where each element is taken further.Construction / ClaimsOctober 6, 2026
Concurrent delayFive competing definitions and nine different answers on one fact pattern. Not settled law in any jurisdiction surveyed.Construction / ClaimsOctober 6, 2026
Notice and time barsThe element that defeats more sound claims than the other three combined. Three incompatible philosophies, and the statutory overrides now cutting across them.Construction / ClaimsSeptember 27, 2026
Delay analysis methods comparedSix delay analysis methods compared: what each needs, what it costs and how it is attacked, plus a chooser driven by timing, records and the contract.Construction / ClaimsOctober 6, 2026
Prolongation and delay costsThe money gateway. Compensation runs to the period the effect was felt, not to the weeks at the end of the job.Construction / ClaimsAugust 7, 2026
Records and evidenceWhich records support which analysis method, and what tribunals actually punish.Construction / ClaimsOctober 6, 2026
Delay notice templates for AS 4000, FIDIC 2017 and CCDC 2Six letters: the AS 4000 delay notice and EOT claim, the FIDIC Notice of Claim and fully detailed Claim, and the CCDC time and money notices. Plus when each clock starts.Construction / ClaimsOctober 6, 2026
How to write an EOT claimEight steps from reading the contract to submitting the claim, a claim document outline you can copy, and the reasons EOT claims most often fail.Construction / ClaimsOctober 6, 2026
EOT claim readiness checklistEight groups to tick off before and after you submit an extension of time claim: contract, notice, records, causation, concurrency and float, quantum, the document, and follow-up.Construction / ClaimsOctober 6, 2026
Extension of time in the United StatesThere is no single US rule. Federal contracting, private AIA-form work and each state's no-damage-for-delay law answer the same facts differently.Construction / ClaimsUnited StatesSeptember 1, 2026
United States delay claim clocksThree layers, and a claim can die at any of them: AIA's 21-day Claim window, FAR's stacked notice and cost cut-offs, and the CDA's six-year bar.Construction / ClaimsUnited StatesSeptember 1, 2026
Notice and time bars in the United StatesThe claim-within-a-claim trap. Whether a bare time request is itself a Claim, and why a Contracting Officer's grant of time never proves excusable delay.Construction / ClaimsUnited StatesSeptember 1, 2026
Prevention and time at large in the United StatesUS law has neither doctrine. The same commercial result runs through LD non-apportionment, the implied duty not to hinder, and Spearin.Construction / ClaimsUnited StatesSeptember 1, 2026
Concurrent delay in the United StatesConcurrency is a rule of proof, not substantive law. In federal practice the contractor, not the owner, carries the burden of separating the delays.Construction / ClaimsUnited StatesOctober 6, 2026
No-damage-for-delay clauses in the United StatesThe same clause is enforceable in Texas and void in Ohio. Sixteen state statutes, eight verified and eight reported, plus the Rhode Island error corrected.Construction / ClaimsUnited StatesSeptember 1, 2026
Acceleration and constructive acceleration in the United StatesA claim parasitic on the extension-of-time claim. The Fraser five elements, where claims die under Amatea/Grimberg, and the rules on protest and cost.Construction / ClaimsUnited StatesSeptember 1, 2026
VariationsScope and price. The five elements a variation claim must establish, why agreeing a value may not pay for the time it cost, and where each element is taken further.Construction / ClaimsOctober 6, 2026
What counts as a variationThe scope question, and why the Privy Council held in 2026 that it turns on the contract terms rather than on how the parties behaved on site.Construction / ClaimsSeptember 26, 2026
Written instruction and waiverYou did the work and there is no written instruction. Five regimes, five answers, and on US public work the rule is one estoppel cannot cure.Construction / ClaimsSeptember 26, 2026
Constructive and deemed variationsThe claim for a variation nobody instructed, and why the doctrine does not exist outside the United States, only functional substitutes measured differently.Construction / ClaimsSeptember 26, 2026
Valuation and the pricing ladderContract rates, then adjusted rates, then a fair valuation, then daywork. You may not skip a rung, and NEC4 has no ladder at all.Construction / ClaimsSeptember 26, 2026
Change order releasesImpact claims die in signed change orders, not in tribunals. The reservation language that works, and two citations the commentary gets backwards.Construction / ClaimsOctober 6, 2026
Change orders in the United StatesConstructive change, cardinal change and the release on the bilateral modification. Federal and private US change-order practice, and California's statutory procedure.Construction / ClaimsUnited StatesSeptember 22, 2026
Written instruction and waiver in the United StatesNo signed change order. Private work can be waived by conduct; public and federal work turn on authority, not formality, and only the Contracting Officer binds the government.Construction / ClaimsUnited StatesSeptember 22, 2026
Constructive change in the United StatesThe Bell/Heery two-element test, the FAR 52.243-4 clause that carries it, and why Spearin is narrower than it is usually stated.Construction / ClaimsUnited StatesSeptember 22, 2026
Cardinal change in the United StatesWhen a change stops being a change and becomes a breach. A cost multiple alone rarely gets there, and only one state high court has expressly adopted the doctrine.Construction / ClaimsUnited StatesSeptember 22, 2026
Change order releases and reservation of rights in the United StatesBell BCI is why a change-order release is a genuine claim-killer — the Federal Circuit reversed the contractor's cumulative-impact win. What the release does, and the reservation that held in Alares.Construction / ClaimsUnited StatesOctober 6, 2026
Change orders in CaliforniaCalifornia's private/public split on authority to bind the owner, CACI No. 4522, and the SB 440 statutory claim procedure that takes effect 1 January 2026.Construction / ClaimsCaliforniaSeptember 22, 2026
California SB 440: the change-order payment statuteFrom 1 January 2026, Cal. Civ. Code §§ 8850–8851 give private-works contractors a 30-day owner statement, 60-day payment, 2% monthly interest and a stop-work right. It is not adjudication.Construction / ClaimsCaliforniaSeptember 22, 2026
Construction claims in United States · Storia