Last Faoro & Whitehorn A Professional Law Corporation

Over 30 Years Of Trusted And Respected Representation

Construction Claims Checklist

Construction Claims Checklist


The following checklist is applicable to all construction projects. The key management personnel should answer each applicable question after reviewing any pertinent company records. If the answer to any applicable question is in the positive, the contractor may want to take whatever steps are necessary to receive a negative answer and/or consult their appropriate professional advisors for further guidance. The checklist should be reviewed on a weekly basis. When a contractor encounters a positive answer, procedures should be instituted to collect the information necessary to support or defeat the claim as the case may be.


  1. Have you met all OSHA requirements including necessary permits?
  2. Was the construction schedule that was delivered at the time work was commenced different than the construction schedule that was provided at the time that the project is bid?
  3. Do the site conditions vary from those described in the plans and specifications?
  4. If there were other contractors bidding on the project, were they ten percent (10%) higher than your bid?
  5. Do the contract specifications have vague and ambiguous terms?
  6. Is the owner responsible for purchasing certain materials which you will install?
  7. Is there a variation between the starting date on the bid documents and the date on the notice to proceed?
  8. Do the contract specifications include work which uses new or different construction methods than you are familiar with?
  9. Are the weather conditions more adverse than typical?
  10. Is the general contractor improperly coordinating the work between the various subcontracts?
  11. If you are involved in a multi-prime project, is the owner properly coordinating all the various contractors?
  12. Is the job site inspector or building inspector being overly aggressive in requiring work to be completed in a manner greater than that required in the plans and specifications?
  13. Are the change orders ambiguous as to the scope of the work required?
  14. Have you received a deductive charge from the owner or the prime contractor?
  15. Have you received an excessive number of change orders from the owner or the prime contractor?
  16. Are there a significant number of errors and omissions in the plans and specifications relative to the actual work that is to be performed?
  17. Have you noted the presence of an uninvited attorney or other unlimited personnel on the project?
  18. Are either the contractor, prime contractor or owner keeping extraordinary detailed records and/or photographs of the project?
  19. Has a contractor or subcontractor threatened to stop work pending payment?
  20. Have you discovered unexpected site conditions?
  21. Have you observed continuing changes of the prime contractors’ or owner’s job site representatives?
  22. Is there job shortage of the materials necessary to complete the project?
  23. Has there been an escalation (price increase) in most of the materials or labor?
  24. Have you received excessive change orders from the owner?
  25. Has a contractor requested that you work overtime or that you provide additional workers to his crew?
  26. Have you been asked to work two or more shifts?
  27. Have you been asked to use equipment not originally planned?
  28. Has there been a request by a contractor or owner to change the method of construction?
  29. Has there been personality clashes between the various project field personnel?
  30. Has there been union activities on the project?
  31. Have you discovered unexpected subsurface conditions?
  32. Have you received defective plans and specifications?
  33. Have there been disputes over the interpretation of the plans and specifications?
  34. Have you experienced excessive delays in receiving responses to requests for information or clarifications?