A fact of life for those involved in construction projects, change orders can be a challenge even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change but much more difficult when the parties disagree on those terms. Options available to resolve a dispute include handling it in court, arbitration, or mediation, any of which can take months the project schedule likely will not be able to spare. In my latest article for the Daily Journal of Commerce, I look at the elements of a disputed change order clause—which may already be in the existing construction contract or can be added to it by amendment and can serve to temporarily defuse a change order problem until it can be resolved through mediation or arbitration. Read the full column here.

Originally published by the Daily Journal of Commerce on November 16, 2023.