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Claims arising from a construction contract, which are defined as a demand or assertion seeking a change of the price or time for the construction, are an unfortunate reality of public construction.

The risks inherent in the public bidding process, the uncertainty of underground conditions, and the impossibility of having truly perfect construction documents, results in the likelihood that, for every infrastructure project a change will be needed. Unresolved changes become claims.

What is the Timeline for Handling Construction Claims?

Figure 1 shows the timeline for filing construction claims as established in the Standard General Conditions of the Construction Contract published by the EJCDC. When the contractor or owner of the project believes they are due some money for some change, or that the contract time needs to be adjusted, they must file a claim for it within 30 days of “the event giving rise to the claim” [Paragraph 10.05B]. This notice need state only the general nature of the claim.

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