The 5 best practices for preventing disputes with the project owner for project management. 

Obligations to maintain a dispute with the project ownerwork on a construction site, what are its responsibilities and how should it be prevented by Maître Cécile Zakine, Doctor of Law, lawyer.

The project manager (or architect) plays a crucial role in the realization of a construction or renovation project.

As a professional mandated by the project owner, he assumes responsibility for the management of the works, the financial summary, compliance with the schedule, verification of invoices and management of contractual relations.

What to do when the project manager enters into conflict with the project owner who disputes the invoices, particularly those relating to additional work?

The oobligations of mmaster ofohWork

1. Conduct of work

The management of works is one of the main responsibilities of the project manager. This includes:

  • Lakecoordination of iSpeakers : the project manager ensures coordination between the various stakeholders (architects, design offices, construction companies) to guarantee the harmonious execution of the project.
  • The ssupervision of trenovations : He must supervise the work to ensure that it is carried out in accordance with the plans and technical specifications.
  • The gmanagement of mmodifications : In the event of changes or unforeseen circumstances, the project manager must propose suitable solutions and obtain the approval of the project owner.

2. Financial synthesis

The financial management of the project rests on the shoulders of the project manager, who must:

  • Establish the Forecast Budget : He draws up a detailed forecast budget in consultation with the project owner.
  • Sudrunk lit is dexpenses : It ensures rigorous monitoring of expenses to avoid budget overruns.
  • Gto erode of hasaccounts and plikes : It checks and validates the progress of the work, as well as the payment requests from the companies.

 

Lawyer masters work

3. Work schedule

Another crucial obligation is meeting deadlines. The project manager is responsible for:

  • THEestablishment of the planning : Develop a detailed work schedule, defining the key milestones and associated deadlines.
  • Follow-up of the planning : Monitor the progress of work to ensure that it meets the set deadlines.
  • Management of retards : Anticipate and manage possible delays, taking the necessary measures to minimize them.

Be careful with additional work: be precise and rigorous: 

Documentation is the key to proving the legitimacy of additional work and its order by the project owner:

  • Amendments to the Contract : Prepare specific amendments for each request for additional work, signed by the project owner.
  • Purchase Orders : Use signed purchase orders for each additional intervention.
  • Construction site reports : Regularly document the progress of work and decisions taken.

 

3. Work schedule

Another crucial obligation is meeting deadlines. The project manager is responsible for:

  • THEestablishment of the planning : Develop a detailed work schedule, defining the key stages and associated deadlines.
  • Follow-up of the planning : Monitor the progress of work to ensure that it meets the set deadlines.
  • Management of retards : Anticipate and manage possible delays, taking the necessary measures to minimize them.

Be careful with additional work: be precise and rigorous: 

Documentation is the key to proving the legitimacy of additional work and its order by the project owner:

  • Amendments to the Contract : Prepare specific amendments for each request for additional work, signed by the project owner.
  • Purchase Orders : Use signed purchase orders for each additional intervention.
  • Construction site reports : Regularly document the progress of work and decisions taken.

     

    Construction site conflict lawyer

    4. Verification of invoices

    Verifying company invoices is essential to ensure sound financial management of the project. The project manager must:

    • Controlr of sWork situations : Review and approve work situations submitted by companies.
    • to validate of factions : Check the conformity of invoices with the services provided and the contractual rates.
    • suivi of plikes : Ensure payment monitoring in coordination with the project owner.

    What does this mean and what to do if payment for work or additional work is refused?

    If the project owner refuses to pay the companies' invoices, the project manager can follow several steps:

    • Mediation : propose mediation to resolve the dispute amicably before a mediator, but we will know very quickly whether or not mediation is possible
    • Friendly expertise : Request an amicable expert appraisal to objectively assess the conformity and cost of the work carried out.
    • Send a letter to mise in demeure : If amicable steps fail, the formal notice constitutes a preliminary step before legal action:

    Be specific in the cContents of the formal notice : Detail the amounts due, the services provided and the corresponding supporting documents.

    If this involves additional work, it should be detailed.

    Indicate a dresponse time : Set a reasonable deadline for the project owner to regularize the situation (10 to 15 days)

    Notification by bailiff : if you wish, you can have the formal notice sent by a bailiff to give more weight to your request.

    • Legal Action : if amicable steps fail, take legal action to obtain payment of unpaid invoices.
    • Payment Guarantee : check whether payment guarantees have been provided in the contract and activate them if necessary.

    The project manager plays a central role in the success of a construction project.

    Their responsibilities in terms of work management, financial management, compliance with the schedule and verification of invoices are essential to guarantee the quality and compliance of the project.

    To protect against litigation, it is crucial to draft detailed contracts, maintain rigorous documentation and prioritize transparent communication.

    In the event of refusal of payment by the project owner, amicable and legal steps must be considered to ensure the protection of the interests of companies and the success of the project. Making an appointment with a consultant is always wise.

    4.8/5 - (535 votes)
    Laurent Paule
    Laurent Paule
    1726989674
    I made an appointment with Maître Zakine for a 1-hour consultation in his office. I needed clarification regarding a dispute with my trustee. Punctual and courteous, Maître Zakine took my problem into consideration and proved to be very professional, giving me excellent advice. I initially thought that we would have covered the issue in half an hour; but the hour ultimately passed quickly. To be recommended without reservation.
    Thomas Liebig
    Thomas Liebig
    1726067882
    Video Kosultation wie sie sein sollte - sehr einfaches Buchungssystem, Zahlung mit Paypal, Erinnerung per Email, technische Abwicklung sehr gut, gute Verständigung. Inhaltlich also sehr zielführend. Die Beratung erfolgte auf Englisch, was in Frankreich keine Selbstverständlichkeit ist, hier aber exzellent funktioniert hat. Ist rundum zu empfehlen, insbesondere für eine erste Kontaktaufnahme und Eingangsberatung. Ich werde es wieder nutszen.
    Bastien TOURBEAUX
    Bastien TOURBEAUX
    1725364856
    Maître Zakine is very professional. I recommend this person to help you with your legal appeals.
    paolo costa
    paolo costa
    1719309338
    Efficient service, fast and concrete communication. Serious, kind and helpful professional. Very positive experience!!
    Charly B.
    Charly B.
    1719239503
    Maître Zakine has a perfect command of the aspects of CCMI and VEFA contracts. She was able to answer my questions without ambiguity. 👍
    Emmanuel Baudino
    Emmanuel Baudino
    1716616685
    Maître Céline Zakine was very efficient, her wise advice was very useful to me and I thank her for her caring support, her empathy and her professionalism.
    Cyril Soulier
    Cyril Soulier
    1714465799
    Very good lawyer gives the best advice in any situation! Moreover, we can say that he is a pugnacious lawyer! Thank you for accompanying me during my dispute!
    CEAN SEAS
    CEAN SEAS
    1711529461
    Very professional, competent and responsive
    Samia B
    Samia B
    1710354426
    Really helpful lawyer who will take the time to explain everything in details.She will not overcharge unnecessary.Recommending for any issue you may have with your tenants.Thank you!
    Joe Nookye
    Joe Nookye
    1709236133
    I contacted Me Zakine for a difficult matter. I am satisfied to have benefited from his services. I highly recommend this advice
    Wenchao Zhao
    Wenchao Zhao
    1708007222
    very professional!
    Sofia Ouahbi
    Sofia Ouahbi
    1702991281
    Master Zakine listens and gives good advice, I recommend
    Between 2 Genepi (entre2genepi)
    Between 2 Genepi (entre2genepi)
    1702980039
    Pugnacious lawyer! Helped a lot with our problem on Worthy Baths. We recommend to 100%
    Nino Abeade
    Nino Abeade
    1702798085
    Thank you for your GDPR intervention in Paris! Pugnacious lawyer I recommend
    Laurent Praud
    Laurent Praud
    1702630613
    Thank you again Master for your responsiveness and efficiency. I dealt with this lawyer in the context of a Parisian case. The lawyer followed the file perfectly and the outcome was in our favor. Best wishes
    Oro “Oro Pa” Pa
    Oro “Oro Pa” Pa
    1702549050
    Thanks to Master Zakine for his intervention in Metz.
    antonin debono
    antonin debono
    1702037244
    Was able to help us in our efforts and immediately understood our problem. Very competent and warm. I highly recommend.
    alain carrere
    alain carrere
    1701703680
    Ms. ZAKINE is of impeccable professionalism, a lawyer who listens and guides you and supports you throughout the case. Thank you for coming to Toulouse.
    William Bianchi
    William Bianchi
    1700665199
    I confirm the great professionalism of Maître ZAKINE, who was able to listen to my problem and quickly direct me towards precise and effective actions.
    Gilles Fraysse
    Gilles Fraysse
    1698147527
    Excellent contact and excellent involvement from Maître Zakine, including during the first advice-taking videoconference. I can highly recommend him!
    ×
    js_loader