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(CDR-3352) Pricing Deleted Work in Public and Private Contracts

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Level: Intermediate
TCM Section(s):
10.3. Change Management
6.2. Asset Change Management
Venue: 2020 AACE International Conference & Expo

Abstract: When the owner deletes scope from a construction contract how should the deductive change order be priced?Assuming each party will generally argue that the basis for the pricing should be the pricing most beneficial to itself, is there an objective rule that provides the basis for the credit for the deleted work?For Federally-funded construction work in the United States, the answer is yes.However, this general rule does not extend to private works of improvement and other countries have different rules that apply to this issue.

This paper examines the question of how to price deleted work starting from the general rule for Federally-funded projects, the principles that lead to the general rule, and how that rule is applied.The paper expands the inquiry to private construction in the United States and then to international jurisdictions seeking a common applicable general rule.