Category Archives: Change Orders

November 12, 2015

When The Pre-Bid Information Turns Out To Be Wrong

By Tim Gordon

When conditions are encountered on a construction project that are contrary to the information provided to bidders, the parties’ contract should provide a roadmap for how the parties ought to proceed. When the parties’ contract is silent on the issue, the price of contracting increases, uncertainty arises, and the likelihood of disputes increases.

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February 7, 2008

Court Of Appeals Gives Lengthy Analysis Of Changed-Conditions Claims

By Tim Gordon

URS Group, Inc. v. Tetra Tech FW, Inc. (Colo. App. 2008)

The Colorado Court of Appeals addresses in detail the elements of, and defenses against, a Type-I differing site conditions claim.

URS was the winning remediation subcontractor for a U.S. Army cleanup project managed by Tetra Tech FW, Inc. (TTFW).  After beginning demolition, URS encountered problems removing the foundations, and claimed that the conditions encountered were not as represented in the request for proposal.  So URS submitted a contract change notification, seeking $9,166.925 in additional costs.  TTFW rejected the claim, and URS sued.

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November 1, 2007

Quantum Meruit Claim Allowed For What Is Typically A Change Order Issue

By Tim Gordon

Specialized Grading v. Goodland (Colo. App. 2007)

The Court of Appeals holds that a subcontractor can maintain a quantum meruit claim against the general contractor for alleged extras caused by the general’s failure to dewater, despite the fact that the parties have a written contract. The general rule is that a quasi-contract claim cannot lie where the parties have an express contract. But this rule does not apply if the conduct complained of is subsequent to, and not covered by, the express terms of the contract.

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