Welcome to your daily briefing on construction developments in North Dakota. Today we're covering 6 key stories including updates on north dakota construction headlines, background & context. Let's dive in.
3 stories
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The North Dakota Department of Transportation has consolidated active construction project information into an interactive portal with up-to-date timelines, status reports, and detailed specifications.
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3 stories
Most construction contracts require change orders to be in writing, but many states enforce an "oral modification" exception when the parties' conduct shows agreement — especially when the changed work is performed and accepted without protest. Continued performance without written change orders can waive the writing requirement entirely.
Contractors who do extra work hoping to "true it up later" routinely lose those claims because the conduct shows acceptance of the original scope. A signed change order before the work is the cleanest evidence of agreement.
"Pay-when-paid" sets a timing condition only — the GC must still pay even if the owner never does. "Pay-if-paid" creates a true condition precedent — no owner payment, no GC payment to subs. Many states will not enforce pay-if-paid clauses without unmistakably clear language; ambiguity defaults to pay-when-paid.
The risk allocation between subcontractors and GCs hinges on this one phrase. Subs who sign pay-if-paid contracts effectively underwrite owner credit risk on top of project risk.
"Substantial completion" is achieved when the owner can occupy the project for its intended use — not when a punch list is finished or a percentage is hit. The status starts warranty clocks, transfers risk of loss, and triggers retention release in most contracts. Disputes over whether SC has been achieved are common at month-end.
Premature certification of substantial completion commits the contractor to warranty coverage on incomplete work; delayed certification gives the owner leverage to extend retention. The legal definition controls, not the status meeting.
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