Incomplete Construction Expert

An incomplete construction expert determines which items of the contracted scope were never installed or never finished, and separates them from defective work, owner changes and items outside the scope. Paul Gaston compares the contract scope, change orders and punch lists with the conditions in the field and the payment records.

Incomplete Is Not the Same as Defective

Incomplete work and defective work are often lumped together in a claim, but they raise different questions. Incomplete work was never done: a scope item omitted, a finish not applied, hardware not installed, punch list items left open. Defective work was done, but not to the required standard. Incomplete work is often resolved by finishing it or adjusting payment. Defective work may require removal and replacement. Keeping them separate gives a more accurate picture of what is owed.

Documenting Incomplete Work

Paul documents incomplete work by comparing three things:

The scopeWhat the contract, drawings, specifications and change orders required.
The fieldWhat is present, absent or unfinished at inspection.
The recordsPunch lists, pay applications, lien waivers and correspondence showing what was billed, paid and acknowledged.

Discrepancies among the three often reveal whether an item was overlooked, billed but not performed, deleted by agreement or added after the fact.

Punch Lists

Punch lists are among the most useful records in an incomplete work dispute, and among the most misused. A punch list can mix genuinely incomplete items, minor touch-ups, damage caused by others and new requests that were never part of the scope. Paul reviews each item against the scope and the field conditions, notes which were completed and verified, and identifies items that were added after substantial completion or that fall outside the contract.

Scope Discrepancies

Many incomplete work disputes are really scope disputes. The owner believes an item was included; the contractor believes it was excluded or was an allowance. Paul reads the scope documents, allowances, exclusions and change orders to identify what was included, and he describes ambiguities where the documents do not resolve the question. Interpreting the contract is ultimately for counsel and the court, but a clear description of what the documents say and what was built is often what resolves these disputes in practice.

Abandoned and Terminated Projects

When a contractor leaves a project before completion, the work left behind often includes both unfinished items and defective work that must be corrected before a completing contractor can proceed. Paul documents the condition of the project at the point of departure, separates incomplete from defective work, and can define the scope and cost to complete and correct. Prompt documentation is important because the completing contractor's work will soon cover the original conditions.

Common Questions

What is the difference between incomplete and defective work?

Incomplete work was never done or never finished. Defective work was done but not to the required standard. They are valued and corrected differently.

Are all punch list items incomplete work?

No. Punch lists often mix incomplete items with touch-ups, damage caused by others and new requests outside the scope. Paul reviews each item.

Does Paul review pay applications?

Yes. Pay applications and lien waivers help show what was billed and paid compared with what was actually installed.

What should an owner do when a contractor abandons a project?

Document the condition of the project promptly before completion work covers it. Paul can separate incomplete from defective work and define the cost to complete and correct.