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What is a Claim?
In the construction industry, a claim refers to a request or demand for compensation or remediation rights. Such claims often emerge for varying reasons, including unexpected project situations, changes in project scope, unforeseen conditions, or disputes over contract interpretations. For instance, if a construction team encounters an unexpected geological impediment on a site, delaying the project, they might file a claim to recover the costs caused by this delay. These claims are typically addressed in detail within the terms and conditions of construction contracts and might have to be resolved in court or through arbitration if the two parties cannot reach an agreement. It is imperative for every party involved in any construction project to be aware of potential claims to understand their rights and obligations. Therefore, effective claim management is key to successful construction project execution.
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Other construction terms
What is Top-of-Chain or High-Tier?
Top-of-Chain or High-Tier refers to the superior position in a hierarchical structure within the construction industry, often denoting the entities or individuals who have the utmost authority or control. This could involve top-tier construction companies, project managers, stakeholders, or contractors who handle major decisions and oversee the whole project operations. These high-tier participants are responsible for ensuring the project is executed according to the plan, budget, and timeframe. They manage sub-contractors, labor crews, purchase materials, and communicate with clients. Their decisions have significant influence on the project's success. Being at the top of the chain, they often bear the highest level of risk, but also stand to make the most profit.
What is a Mechanic’s Lien?
A Mechanic's Lien is a legal tool used within the construction industry. This claim is used by contractors, subcontractors or suppliers who have not been paid for work or materials provided on a construction project. The lien is attached to the property where the work or supply was carried out, and can impact the ability to sell or refinance the property until the debt is settled. Essentially, it's a security interest in the title of the property for the benefit of those who have supplied labor or materials that improve the property. The nature and rules of a Mechanic's Lien can vary by jurisdiction, but the overall concept is to provide a form of protection to those in the construction industry that have fulfilled their contractual obligations but have not received their due payment.
What is a Time and Materials Contract?
A Time and Materials Contract, often abbreviated as T&M, is a specific type of contract commonly used in the construction industry. It is a contractual format that indicates that the client will pay based on actual costs: the direct labor hours worked (time), the materials directly used in the final product, and a fixed add-on to cover overhead and profits. Unlike fixed-cost contracts, T&M agreements provide greater flexibility as the scope of work can change without having to negotiate a new contract. This type of contract is generally applied in projects where the full extent of the work cannot be determined at the outset. However, their major downside is the potential risk of cost overruns, which makes client oversight crucial.
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