February 23, 2004

RESERVATION OF RIGHTS

Owners, both public and private, need to know the final price of a change order. In theory, most change orders are short duration and do not have an impact on the job, and signing an accord and satisfaction is harmless. However, projects with extensive delays have future risks, such as pushing a contract into another winter season, an unplanned wage increase or, as in the Perini case, into political turmoil with an economic impact. Reservation of rights can be critical to a successful delay and impact claim.

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