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Construction Contract Claims Consulting Experts – Entitlement

Working as contractors and experts over the past 40 years, Holloway Consulting understands the challenges contractors face on projects. This is the latest page in our series about how Holloway Consulting helps contractors resolve claims efficiently and effectively

Construction Contract Claims Experts

Contractor Claim Entitlements

Entitlement

Entitlement is the legal basis of the construction claim. It may be derived from a contract clause, or the principals of law, which set forth the duties and responsibilities of the individual, such as implied warranty. Therefore, an understanding of construction contract entitlement is one of the prerequisites to the preparation of a successful claim.

The administrative boards and court system of the federal government are clearly at the forefront of construction contract law. With growing frequency, state and local courts are looking to the federal system for guidance and direction on construction matters. As a result, the basic types of entitlement recognized at the federal level have gained nationwide recognition.

As illustrated above, disputes that arise in engineering, manufacturing, and construction contracts have grown more complex with each passing year. However, for purposes of the contractor’s claim evaluation, the causal factors can be associated with a few basic types of entitlement. Although a steady flow of new construction case law continues to modify entitlement theory, as of today, at least sixteen types of claim entitlement have emerged from the federal court system:

1. Acceleration
2. Cardinal Change
3. Constructive Change
4. Contract Termination
5. Defective and Deficient Contract Documents
6. Delay
7. Differing Site Conditions
8. Directed Change
9. Implied Warranty
10. Impossibility of Performance
11. Maladministration
12. Owner-Furnished Items
13. Strikes
14. Superior Knowledge
15. Weather
16. Work Suspension

How, then, does the contractor go about establishing entitlement to a claim? The answer to that and other related questions will be addressed at this site and at www.disputesinconstruction.com, as we examine each entitlement in detail.

Do you have a question or comment on contractor claims?
Would you like for us to address a specific issue?

Call Holloway about your project.

Holloway Consulting
Construction Claims Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com


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