Can a public contract clause bind a contractor even when the clause is not stated or referenced in the contract? The answer is yes, if the clause is considered mandatory. Lower-level employees cannot alter the procurement process by accidentally omitting important clauses. Read more.
Last week’s article on “Pay-if-Paid” clauses was one of our most-read construction law articles in recent weeks. Thirteen readers weighed in with their responses, from a simple “Read and understand your contract” to a couple of 200+ word commentaries. In short, from the general contractor’s perspectives, GC’s feel they are not banks on hand to finance the project, and if the owner doesn’t pay them, they shouldn’t pay the contractor. Subcontractors, on the other hand, often are the ones taking the most risk and have the most out-of-pocket expenditures. Read more.
This clever contractor uses a Bobcat with breaker attachment to not only cut up a concrete slab, but with no additional special tools, pick up the slab pieces and load them in a special dump truck. This sure beats the old days of a worker with a jackhammer cutting the slab by hand, later breaking it up into smaller pieces, and then using a loader to move the broken pieces. Read more.
The enforceability of “pay-if-paid” clauses in subcontracts has been litigated extensively. The clauses are controversial because they purport to shift the risk of project owner nonpayment from the prime contractor, which has a contract with the owner, to subcontractors, which do not. Many feel this is unfair and reflects nothing more than the superior economic leverage of prime contractors over their subs. Read more.
The Apple Campus 2, a.k.a., the Spaceship, is scheduled for completion first quarter of 2017. That's a tough call, but it has certainly come a long way. Here are two progress videos as of the end of January. Read more.
While the root cause of delays may vary, disputes invariably arise as to the excusability, compensability and duration of the resulting time impact. If a delay is due to contractor-caused problems, it may result in costly liquidated damages. If the owner is responsible, the contractor may be entitled to a mix of direct, overhead and impact costs. On larger projects, thousands, if not tens of thousands, of dollars per day may be at stake.
Traditionally, concurrent delays by the owner and contractor result in non-compensable time extensions. A recent dialogue on an AACE forum presented a situation where a time extension was granted for an owner-caused delay but an act of God subsequently occurred during the period. This brought up several points of discussion. Read more.
Everyone needs a challenge. So there has been a wave of events to show off some excavator operation skills. The events took place in different countries including one in Canada last August. Take a look at impressive things these operators can do.