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Glossary
Construction Litigation
Construction Claims terms within construction litigation.
construction-litigation
An acceleration claim seeks compensation for costs incurred compressing the schedule to meet a deadline.
A cardinal change is an alteration so fundamental that it falls outside the contract's changes clause.
A change order dispute concerns whether work was within the original scope and what compensation is owed for changes.
A construction defect is a deficiency in design, materials, or workmanship that impairs a structure's use or value.
A constructive change is owner conduct effectively requiring extra work without a formal change order.
A cumulative impact claim seeks the compounding inefficiency caused by a large volume of individually priced changes.
Defective specifications are owner-furnished design documents that cannot produce a satisfactory result.
A delay claim seeks time extension or damages for events preventing timely project completion.
Differing site conditions are subsurface or latent physical conditions materially different from what the contract indicated.
A disruption claim seeks recovery for reduced productivity caused by interference with planned work sequences.
An extra work claim seeks compensation for work beyond the contract scope performed at the owner's direction.
A latent defect is one not discoverable through reasonable inspection, which affects when limitations begin to run.
A loss of productivity claim seeks the added labor cost of performing work less efficiently than planned.
A patent defect is one discoverable through reasonable inspection, which affects acceptance and limitations.
A scope gap is work necessary to complete the project that no contract or subcontract assigned to any party.
The Spearin doctrine holds that an owner impliedly warrants the adequacy of design specifications it furnishes.
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