Construction contracts usually include an express warranty of workmanship and materials. The contractor promises to replace or repair, at no cost to the project owner, any defect which appears within one year of completion. While this seems straightforward, it actually leads to a common argument. Was the problem of which the owner complains actually caused by defective workmanship?
A recent decision in a federal appellate court addressed this issue. Vinyl floor tiles in a hospital surgical suite lifted and separated. Repeated repairs by the contractor were ineffective. The frustrated owner eventually brought in another company to replace the tiles and sued the contractor for breach of warranty.
The U.S. Green Building Council has released a comprehensive LEED (Leadership in Energy and Environmental Design) Demand Response Pilot Credit. The updated credit establishes new guidelines that will increase a facility’s LEED ratings with the award of additional points when the facility participates in an automated demand response (AutoDR) program.
Commercial facility owners and operators face several challenges when considering implementation of demand response events in their facilities, according to BuildingIQ, an energy management software company. “These include managing the complexity of these events manually, maintaining acceptable occupant comfort levels, and the cost of more automated, custom-engineered solutions. As a result, the adoption of demand response in commercial facilities has been relatively low compared with some other sectors.”
The U.S. Department of Energy (DOE) has released a document providing uniform guidance and best practices that describe the methods and procedures recommended for use at DOE in preparing cost estimates for construction projects and other work.
DOE’s new “Cost Estimating Guide” (DOE G 413.3-21) references, and includes as an attachment, AACE RP 18R-97, “Cost Estimate Classification System -- As Applied in Engineering, Procurement, and Construction for the Process Industries,” as the model for the estimate classifications being used within DOE. The guide incorporates certain recommendations made by AACE International (Association for the Advancement of Cost Engineering) President-elect Michael Nosbisch, who was invited to present them to the April meeting of the Energy Facility Contractors Working Group Cost Estimating Subgroup at DOE’s Y-12 Facility in Oak Ridge, Tenn.