VOLUME Construction Advisor Today   ISSUE 92   JANUARY 28, 2011


We recently discussed a dispute over the admissibility of delay testimony which failed to establish the schedule’s critical path. Now there is a case involving the need for expert testimony to establish damages for wrongful termination. Expert opinion is so widely used in the prosecution and defense of construction claims that it has come to be expected. But when is it required and what must it include?


A subcontractor presented expert opinion regarding responsibility for delay, compliance with contract requirements, and adequacy of project administration. The jury, finding that the sub had been wrongfully terminated, awarded damages. The prime contractor appealed. The prime argued that the sub’s expert had never testified about damages, so there was no evidence to support the jury’s award.


A group of state energy officials is seeking several changes to the federal PowerSaver program, which aims to offer credit-worthy borrowers low-cost loans to make energy-saving improvements to their homes. A PowerSaver pilot program was launched last November (Green Building Insider, Nov. 15, 2010, "Revisions to Commercial Section of 2012 IECC Approved; Other Energy-Efficiency News Emerges"), and public comments were taken on the initiative last month.


CMiC earlier this month announced that it is working with 4Point to offer Adobe LiveCycle for clients who use the CMiC Open Enterprise v10 construction software solution. Adobe LiveCycle can be used to transform data from CMiC into an interactive and fillable PDF form, improving the flow of communications and optimizing business processes, according to CMiC.





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