Masonry Magazine February 2005 Page. 41
On public jobs it is paramount to comply with all notice requirements.
In the field to a course of action; however, project managers on public jobs are often constrained by the need to obtain official approvals from political bodies. This is particularly true when it comes to adding work or paying extra money. You are well advised to obtain written approval and preferably a signed change order for all extra work.
Contractual Notice on Public Jobs
On a final point, I will emphasize something again that I have raised in other columns: on public jobs it is paramount to comply with all notice requirements. If you believe you have a potential claim for extra money, extra time, disruptions or anything else, you must pay strict attention to claims requirements. The law books nationally are filled with cases where parties' claims were denied due to failures to follow notice of claims procedures. These situations, and case decisions, are particularly widespread on public projects.
Conclusion
Building and completing a project with appropriate approvals require adhering to an inherently political process. You should develop political relationships on your projects to avoid snags and increase your chances of success.
Timothy R. Hughes, Esq., is the principal of the Northern Virginia law firm of Hughes & Associates, P.LL.C. He specializes in construction litigation, corporate-and business related representation, and complex civil litigation. He may be reached at tim@hughesnassociates.com, or by phone at (703) 671-8200.
This article is not intended to provide legal advice, but to raise issues on legal matters. You should consult with an attorney regarding your legal issues, as the advice you may receive will depend upon your facts and the laws of your jurisdiction.
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