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Construction Experts and Claims Consultants Articles List

2 Articles Found

Today’s refining, chemical, petrochemical, and heavy industrial facilities process and utilize hazardous chemicals, and despite the best laid plans and procedures, accidents do happen. Accidents could range from fires to explosions, resulting in chemical releases and damage to equipment and the facility, hopefully with minimal or no injury to personnel.   Insurance is often called upon to reimburse the owner for property damage and business interruption expenses following the fire, all of which could result in claims and disputes if not handled appropriately. Heeding some lessons learned during the rebuild process can help minimize the opportunities for claims and disputes following a fire or explosion.   Extinguishing the Fire and Preserving Surrounding Assets   There are many critical items that should be considered following a fire or explosion. First and foremost, safety of all personnel should drive all responses. It ...

Changes in the scope of work on a major project are a common occurrence in the construction industry. Contractors are accustomed to directed changes, that is, those changes ordered by the Owner or the Owner's agent under the change order clause of a contract. However, the nature or extent of construction work is often changed without the initiation of a change order. The question of compensation or time extension for this type of change is not as clearly addressed by the contract as are the responsibilities mandated by directed changes. This situation is commonly referred to as constructive change. A constructive change arises when the Owner acts in a manner that has the same effect as if a formal change order were written. If an unwritten change occurs, which would have been enforceable as a directed change under the contract ...