An Administrator's Guide to California Private School Law Compendium

D OCUMENT 17.B

G UIDELINE F OR C ONDUCTING I NITIAL A NALYSIS O F D ISPUTES W ITH C ONTRACTOR D URING C ONSTRUCTION When problems with a contractor occur on a project, the following analysis can be useful in evaluating the school’s options: 1. Analysis of the Nature of the Dispute. a. Determine the scope of the project. b. Understand the details of what has happened during the course of the project to ascertain what has gone wrong. c. What has been done to date to try to resolve the problem? d. How does the contractor typically deal with the problem? e. Determine the status of the project, including:  Start date.  Has there been delay, and if so, why?  What was the original completion date for the project?

 Have any time extensions been given to the contractor to complete the project?

 How many days has the project been delayed?  When is the project expected to be completed?

 What percentage of work has been completed on the project?  Has a notice of completion been filed, or is the project complete whether or not a notice of completion is filed?

f.

Determine the financial status of the project.  What is the amount of the contract? (1) Original contract amount? (2)

Change order amounts approved by the school?

(3)

Change order amounts pending but not yet approved by the school. Of those pending change orders, which ones are disputed and undisputed.

 How much remains of the contract funds?

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