Chapter 8 Change, Time, and Termination

Index

Section 8.1 Introduction
Section 8.2 Change Order Procedures
Section 8.3 Dispute Resolution Procedures for Changes in the Work
Section 8.4 “Extra Work” vs. “Additional Work”
Section 8.5 Methods of Compensation for Extra Work
Section 8.6 Differing Site Conditions and Other Compensable Changes
Section 8.7 Differing Site Conditions—Public Works Projects
Section 8.8 Written Change Order Requirements
Section 8.9 Oral Waiver of Written Change Order Requirements
Section 8.10 Requirement of Written Contracts—Public Works Projects
Section 8.11 Waiver of Written Change Order Requirement by Course of Conduct or Silence
Section 8.12 Defining Time of Performance
Section 8.13 Time of Essence
Section 8.14 Types of Delay
Section 8.15 Excusable Delay
Section 8.16 Notice of Delay
Section 8.17 Contractor Liability to Owner for Delay
Section 8.18 Contractor Liability to Subcontractors and Other Contractors for Delay
Section 8.19 Design Professional’s Liability for Delay
Section 8.20 Compensable Elements of Delay
Section 8.21 Owner Liability to Contractor for Delay
Section 8.22 “No Damages for Delay” Clauses—Private Contracts
Section 8.23 “No Damages for Delay” Clauses—Public Works Contracts
Section 8.24 Consequential Damages
Section 8.25 Termination Provisions
Section 8.26 Rescission vs. Termination
Section 8.27 Termination for Material Breach
Section 8.28 Termination for Commercial Frustration or Impracticality
Section 8.29 Termination for Nonpayment
Section 8.30 Excuses for Abandonment of Contract
Section 8.31 Measure of Damages Upon Termination
Section 8.32 Substantial Completion and Performance
Section 8.33 Stop Work Notices
Section 8.34 Termination for Convenience