ACI-TBOX Construction Contractor's Legal Toolbox - Contracts, Claims, Negotiations
Construction Contractor’s Legal Toolbox is written for you, the project manager in the construction industry. It will improve the performance of a subcontractor, a material supplier, a general contractor,and a student who plans to work in this industry. It will provide you with tools that will reduce your risks and improve your bottom line.
Part One shows you how to grasp the most important elements of a contract in less than ninety minutes. I suggest revisions that you can make to six major clauses: Scope of Work, Changes, Price and Timing of Payment, Schedule of Performance, Indemnification, and Disputes.
Part Two shows you how to make a claim for extra money, time, and loss of productivity. Section B of Part Two includes a template for a comparison of your expenditures on the project “as promised” by the contract documents vs. your expenditures as built. Part Two includes a template for that vital element of your documentation, the job diary. At the end of Part Two, you will find templates that you can use as a starting point for actual letters that you submit to your customer to explain your claims.
Part Three deals with techniques of negotiation. Thoughtful techniques will improve the outcomes of your negotiations, and will make it more likely that you can achieve your objectives by negotiation rather than by a legal process. Effectiveness in negotiation is a paramount skill of our industry, but, in my view, it has not been adequately treated by other books.
Construction contractors take amazing risks. Some of those risks cannot be controlled because they are inherent in the industry. Other risks, however, can be controlled or minimized by the prudent use of contracts, timely and well-prepared claims, and skills in negotiation.