Midwest Market Reports

By Kellen Cushing, Carmody MacDonald PC Commercial and residential construction projects are inherently complex undertakings involving numerous parties working under tight deadlines and limited budgets. Change is inevitable and unpredictable in these projects, most often due to changes in project scope, incomplete or incorrect design, and unforeseen physical conditions.   When something doesn’t go according to plan, it can impact the other parties’ abilities to perform their jobs in a timely manner and lead to litigation. Claims and litigation can be costly, time consuming and stressful for all parties, and may damage the relationship and reputation of the parties involved. Proper contractual planning among project owners and contractors can reduce the likelihood of litigation. Making preliminary management plans and incorporating them into the project’s contracts provides effective ways to address changes that can occur during a project and keep things moving forward. While preparation cannot always prevent roadblocks in construction projects, preemptive planning can make for much smoother sailing, even in the face of unpredictable circumstances.     The best ways to avoid or minimize costly and time-consuming lawsuits include the following: Know your contract. Create a clear and comprehensive contract that defines the scope, schedule, budget, quality and responsibilities of …