If you’re an owner who's been involved with a major construction project, this question isn’t hypothetical. Yet while this situation is extremely common, many owners don’t have a strong grasp on their contract’s terms and conditions or the relevant case law that forms the underpinnings of a defensible answer.

The Engineer-Procure-Construct (EPC) contracting model has grown increasingly popular in recent years. If your organization doesn’t already use it, odds are you’re at least considering trying it on a project.

Issuing Notice to Proceed is exciting - you finally get to see your long-dreamed project take shape. But the first two weeks after Notice to Proceed can be fraught with project-delaying challenges if they sneak up on you. Last time I talked about the first pitfall that can arise after issuing Notice to Proceed: unanticipated or differing site conditions. In this post I’ll talk about the second: delayed contractor submittals.

After years of planning, designing, and permitting your project, you’re finally ready to begin construction and issue the Notice to Proceed (NTP). It’s a big moment. Then a week later you’re contacted by your inspector, who tells you the contractor has stopped working and is threatening to submit a Notice of Changed Conditions. You have very little time to get up to speed and decide on a course of action. What will you do?