Volume: 6, Issue: 32 - 08/11/2017


Let’s be blunt; we’re all responsible for our own safety, right? Jobsite safety has a negative ROI, so project management really does not want to spend much time or money on it. Isn’t it just common sense to, for example, wear protective googles when using a nail gun? The workers, who are often pressured to complete the job in the shortest possible time, often don’t want to bother with it. Perhaps workers don’t want to take the time to look for the safety googles, or they’ve been doing this for so long that they don’t want to change. Read more.

Volume: 6, Issue: 28 - 07/14/2017


Project owners have legitimate concerns regarding the subcontractors utilized by their contractors. Quality of work is an obvious concern. Issues of job site safety and security also arise. Public project owners have limited control over their contractors’ choice of subs. Private owners have broader discretion, but this authority is not foolproof. Read more.

Volume: 6, Issue: 27 - 07/07/2017


By Stephen Hess


“Substantial completion” is largely viewed as the contractor’s big payday when retention is released and the contractor finally collects a large share of its profits. At the same time, substantial completion has many other ramifications under most form contracts.


Many state laws use substantial completion as an important milestone as well for purposes of calculating statutes of limitations and statutes of repose (which in turn govern when lawsuits must be commenced) as well as lien rights. Read more.

Volume: 6, Issue: 23 - 06/09/2017


In fiscal year 2015, OSHA Citations in the Focus Four Area constituted 94% of the fines among the TOP 20 OSHA Violations. Year-in, year-out, OSHA Citations are at 85% for Focus Four Violations and 90% of the fine amounts. Given these numbers, an OSHA inspection will likely concentrate on Focus Four areas.


During a recent webinar program presented in conjunction with ConstructionPro Network, Neil Opfer, a professor at the University of Nevada Las Vegas, told attendees that as construction projects get more complicated, increases in safety protection become even more important. Learn more.

Volume: 6, Issue: 22 - 06/02/2017


 A scene that plays out thousands of times a year, and sucks countless millions of dollars of damages and attorneys’ fees out of the pockets of owners, contractors, and subcontractors, goes something like this. Halfway through construction of a large apartment building, inspectors notice some minor racking of the frame in the face of unusually high wind.


The project is suspended for additional inspection, and it turns out that some of the structural members are slightly undersized. It is clear that remedial work and supplemental engineering is necessary to protect the structural integrity of the building. Thus the battle begins over who will bear the costs of the remedial work and the resulting delay damages. Read more.

Volume: 6, Issue: 21 - 05/26/2017


 Claims do not magically appear during construction. The seeds of many disputes and many claims are planted prior to contract execution – as defective or incomplete design, a design that is not conforming to owner’s needs -- all are in the documents that go out to bid.


The most cost effective time to mitigate claims is prior to bidding.  Read more

Volume: 6, Issue: 20 - 05/19/2017


Technological progress is advancing at rapid speed bringing new technology that will allow constructors to increase productivity, cut costs and possibly even help in dispute mitigation should contractors, owners, designers, project managers and engineers agree to adopt it.


Let’s review the latest technology entering the industry from the standpoint of construction claims. Read more.  


The intended purpose of a construction schedule is to assist with proper planning, coordination and managing of a project. Unfortunately, construction schedules are often used to help build claims against project owners. Read more.

Volume: 6, Issue: 14 - 04/07/2017


This article started out as a review of a schedule specification clause in a recently updated standard form document.  In the process of getting comments on the form from the author’s local contacts, I received instead a range of comments on the use, or non-use, of schedules, and blaming specs for being either too detailed or non-existent.  As a reader of ConstructionPro Week, you may have noticed we often advocate for active use of schedules on construction projects.  Larger and more complex projects can benefit from the use of critical path method (CPM) scheduling software.


This past December, the ConsensusDocs coalition announced updates to more than a dozen of its standard form contracts, some released this past December and others in early 2017 (see ConstructionPro Week Vol. 5 – Issue 48, 12/16/2017).  ConsensusDocs® 200, Standard Agreement and General Conditions Between Owner and Constructor received an important update to the project schedule clause.  Article 6.2, Schedule of the Work, now requires the use of critical path method (CPM) scheduling concepts, including “…  (a) a graphical representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure the timely and orderly completion of the Work.”  Read more.

Volume: 6, Issue: 13 - 03/31/2017


 This week's blog highlights from across the industry look at:


  • BIM Implementation Guidance
  • 8 Tips to Double Your Net Profits
  • Smart Cities - Construction and Connectivity

Read more.




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