Video

  • 56 minutes

Construction Claims by Party and Types of Claims

 

Owner, contractor and subcontractor claims, oh my!

Owners make claims all that time. Typically it falls into two categories – the project was delayed or the work by the contractor is defective. Owners, and parties to every contract, need to remember the absolute obligation to mitigate all claims. You can’t just sit back and watch the project get messed up and then file a big claim at the end of the day. There is an equitable obligation to mitigate if there are delays and anything can be done to reduce the delay, moderate the delay, if there’s defective work that can be either replaced or slightly modified and accepted, arguably there is an obligation to try to mitigate the impact of the defective work, even knowing that it’s defective.

Runtime: 55 minutes