Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.
However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?
Contractors and subcontractors frequently consult with their attorneys in the negotiation of construction contracts before they are signed, but counsel’s involvement generally ends at that point until and unless litigation arises down the road. Nevertheless, additional consultation with attorneys after execution of contracts can ensure that contractors and subcontractors meet their respective obligations and may confer savings that far offset the costs.
Perhaps the most common construction-related dispute is the refusal of a party to make payment to its contractors or subcontractors. While litigation is the traditional avenue for resolving such disputes, methods of alternative dispute resolution such as arbitration and mediation are enjoying growing importance in the field of construction law.
Often owners find themselves wondering if they need an Architect for their project, and might be unfamiliar with terms and forms of contract used. This article provides a refresher on the types of projects an Owner should have an architect, and the typical forms of contracts used.
An architect licensed and registered in New York provides services related to the design and construction of buildings and the spaces around them, where the safeguarding of life, health, property, and public welfare is concerned.
Although there are situations where involving an Architect is discretionary on the part of the owner, generally, if new construction, alteration to an existing structure, plumbing, or HVAC is contemplated, construction drawings sealed by an architect will be required by your building department before your project can begin.
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